LIBRARY  OF  PRINCETON 

AUR  1  1  2004 

1 

1 

THEOLOGICAL  SEMINARY 

LAWS 


BELATrN«J   TO 


RELIGIOUS  CORPORATIONS. 


A  COMPILATION  OF  THE  STATUTES  OF  THE  SEVERAL  STATES  IN  THE 

UNITED  STATES  IN  KELATION  TO  THE  INCORPORATION 

AND  MAINTENANCE  OF  RELIGIOUS  SOCIETIES, 

AND  TO  THE  DISTURBANCE  OF 

RELIGIOUS  MEETINGS, 


.^' 


BY  REV.  SANDFORD  HUNT,  D.D., 

AuTHOR  OF  "  Hand-book  for  Trustees." 


WITH  AN  ADDRESS  ON  LAWS  AFFECTING  RELIGIOUS  CORPORATIONS 
IN  THE  STATE  OF  NEW  YORK. 

BY  HON.  E.  L.  FANCHER,  LL.D. 


NEW  YORK: 

NELSON     &     PHILLIPS 

CINCINNATI: 
HITCHCOCK    cS:    ^A^  A  L  D  E  N  . 


1876. 


Eutcred  according  to  Act  of  Congress,  in  the  year  187(5,  bj 

NELSON    &   PHILLIPS, 
In  the  Office  of  the  Librarian  of  Congress  at  Washington. 


LIBRARY  OF  PRINCETON 


AUG  I  I  2004 


THEOLOGICAL  SEMINARY 


THE  LAW 

OF 

RELIGIOUS  CORPORATIONS   IN  NEW  YORK.* 


BY  E.  L.   FANCHER,  LL.D. 


np^HE  Constitution  of  the  State  of  New  York  pro- 
-^  vides  that  the  free  exercise  and  enjoyment  of 
religious  profession  and  worship,  without  discrimina- 
tion or  preference,  shall  forever  be  allowed  in  this 
State  to  all  mankind  ;  and  no  person  shall  be  ren- 
dered incompetent  to  be  a  witness  on  account  of  his 
opinions  on  matters  of  religious  belief  But  the  liber- 
ty of  conscience  thereby  secured  shall  not  be  so  con- 
strued as  to  excuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  with  the  peace  or  safety  of  this 
State.  A  similar  provision  is  contained  in  the 
statute  of  the  State  known  as  the  Bill  of  Rights.  It 
will  thus  be  apparent  that  no  church  can  claim  ex- 
clusive privilege  or  establishment  in  New  York. 
The  law  does  not  take  cognizance  of  any  church  in 
respect  of  its  doctrinal  peculiarity,  nor  does  its  de- 
nominational character  affect  its  civil  rights.  The 
courts  may,  however,  inquire  into  those  matters  where 
questions  concerning  property  call  for  it. 

The  statutes  which  regulate  the  organization  and 

*  Substance  of  a  Lecture  delivered  before  the  New  York  District 
Conference  of  the  Methodist  Episcopal  Church.  March  21,  1876. 


iv  Religious  Corporatioris  in  New   York. 

incorporation  of  religious  societies,  and  the  manage- 
ment of  their  affairs,  have  reference  alone  to  their 
temporal  concerns.  The  General  Act  for  the  incor- 
poration of  such  societies,  which  was  passed  in  1813, 
has  been  many  times  since  amended,  but  the  promi- 
nent features  of  the  original  statute  are  still  very 
perceptible.  Although  it  declares  that  the  trustees 
shall  be  a  body  corporate,  a  view  of  the  entire  act, 
and  the  current  of  authority,  as  well  as  the  popular 
opinion,  sustains  the  position  that  the  congregation 
or  society,  and  not  the  trustees,  are  incorporated. 
The  relation  which  the  trustees  bear  to  the  corpora- 
tion is  not  that  of  private  trustees  to  the  cestuis  que 
trust,  but  that  of  directors  to  a  civil  corporation. 
They  are  the  managing  officers  of  the  corporation, 
invested,  as  to  its  temporal  affairs,  with  such  particu- 
lar powers  as  are  specified  in  the  statute,  and,  also, 
within  the  sphere  of  their  appropriate  duties,  with 
such  discretionary  powers  as  may  properly  be  exer- 
cised by  officers  of  a  civil  corporation.  Therefore, 
whatever  property  is  acquired  is  vested  in  the  corpo- 
ration aggregate,  and  not  in  the  trustees.  Whatever 
possession  the  trustees  have  of  the  property,  is  the 
possession  of  the  body  corporate.  Although  they 
are  styled  trustees,  they  do  not  hold  the  property  in 
trust.  Their  name  is  simply  the  title  of  their  office, 
and  their  position  is  the  same  as  if  they  had  been 
called  directors  or  managers.  Their  right  to  interfere 
with  the  property  is  only  an  authority,  and  not  an 
interest,  or  an  estate.  Hence,  any  legal  proceedings 
affecting  the  property  should  be  conducted  in  the 
name  of  the  corporation,  and  not  of  the  trustees  ;  and 


Religions  Corporations  in  Nezu  York.  v 

any  transfers  or  conveyances,  when  sanctioned  by 
the  court,  should  be  also  in  the  name  of  the  corpo- 
ration. 

There  is  a  common  mistake  of  making  conveyances 
to  the  trustees  of  the  religious  corporation  ;  but  the 
word  "  trustees  "  should  never  be  used  in  a  convey- 
ance. The  corporate  title  of  the  body  corporate 
should  be  correctly  stated,  just  as  when  the  convey- 
ance is  to  an  individual  his  name  should  be  correctly 
stated.  Incorporated  religious  societies  are  not  re- 
garded as  ecclesiastical  corporations  in  the  sense  of 
the  English  law,  but  as  civil  corporations,  governed 
by  the  principles  of  the  common  and  statute  law. 
It  was  incident  at  common  law  to  every  corporation 
to  have  capacity  to  purchase  and  alien  lands  and 
chattels.  Unless  restricted  by  their  charters,  or  by 
statute,  they  are  endowed  with  that  capacity.  But 
the  common-law  right  of  disposition  of  lands  was,  as 
to  religious  corporations,  taken  away  in  England  in 
the  time  of  Elizabeth,  and  it  has  never  existed  in 
this  State  since  the  statute  of  1813.  The  powers 
granted  to  trustees  by  that  act  are  limited ;  so  that 
no  sale  of  real  estate  can  be  made  without  the  order 
of  the  chancellor — now  of  the  Supreme  Court.  In 
such  case,  too,  when  a  sale  is  permitted,  the  court 
must  direct  as  to  the  disposition  of  the  proceeds  of 
sale.  The  proceeding  for  a  sale  should  be  founded 
on  the  vote  of  the  electors,  as  well  as  on  the  action  of 
the  trustees.  As  a  mortgage  is  a  conveyance  subject 
to  the  condition  that  the  debt  be  paid  at  a  certain 
day,  it  is  the  general  opinion  that  trustees  have  no 
right  to  mortgage  the  premises  of  a  religious  corpo- 


vi  Religious  Corporations  in  New  York. 

ration  without  an  order  of  the  court  permitting  it  to 
be  done.  It  has,  however,  in  one  case  been  decided 
otherwise,  (27  Barb.,  52,)  and  in  another  case  a  mort- 
gage to  secure  part  consideration  of  premises  was 
upheld  without  such  an  order.     (18  Barb.,  35.) 

There  is  a  marked  and  essential  difference  between 
other  civil  corporations  and  those  incorporated  under 
the  statute  for  the  formation  of  religious  societies.  The 
former  are  subject  to  the  visitorial  powers  of  courts 
of  equity  ;  they  may  have  their  affairs  regulated,  im- 
proper officers  ousted,  and  their  members  reinstated. 
With  the  latter  the  courts  have  no  concern,  except 
in  the  few  particulars  specified  by  a  late  statute.  If 
there  should  be  a  failure  to  elect  trustees,  the  courts 
can  afford  no  relief;  the  remedy  must  be  sought  in 
the  statute.  The  powers  granted  to  trustees  by  the 
act  of  181 3,  taken  in  connection  with  the  statute 
which  excepts  religious  corporations  from  the  vis- 
itorial interference  of  courts  of  equity,  evince  the 
intent  of  the  Legislature  as  to  the  temporal  concerns 
of  such  a  corporation,  so  that  if  a  band  of  infidels 
should  have  become  members  of  a  religious  congre- 
gation, and  as  electors  for  trustees  should  have  elect- 
ed some  of  their  number  to  the  board,  the  courts  could 
not,  prior  to  the  late  act  of  1875,  interfere.  The  only 
corrective  was  with  the  congregation  at  their  stated 
election  for  trustees.  The  power  was  in  their  own 
hands,  so  far  as  the  law  stood  prior  to  March  29, 
1875.  The  courts  hitherto,  before  the  law  of  1875, 
had  held  that  religious  corporations,  formed  under  the 
third  section  of  the  Act  of  1813,  had  no  denomina- 
tional character,  and  that  none  can  be  engrafted  on 


Religions  Corporations  in  Neiv  York.  vii 

them.  Ecclesiastical  connection,  doctrines,  rites,  or 
modes  of  government  of  the  spiritual  body,  did  not 
affect  the  legal  character  of  the  corporation.  The 
title  of  the  trustees  to  office,  and  the  control  of  the 
property  prior  to  the  late  Act  of  March  29,  1875,  was 
not  impaired  by  any  aberration  in  doctrine  or  church 
government,  on  the  part  of  the  congregation  which 
elected  the  trustees. 

There  are  available  checks  against  the  improper 
conduct  of  electors.  One  is  the  control  which  the 
trustees  have  of  the  temporalities,  and  their  right  to 
make  any  proper  regulations  as  to  the  renting  of 
pews,  or  the  occupancy  of  seats  in  church  edifices,  so 
as  to  exclude,  if  they  see  fit,  obnoxious  and  im- 
proper attendants.  Another  is  the  right  to  appoint 
a  clerk,  who  shall  be  required  to  keep  a  roll  of  the 
voters  belonging  to  the  congregation,  and,  where 
such  a  record  is  kept,  to  make  it  the  registry  by 
which  the  qualification  of  the  electors  may  be  deter- 
mined. This,  in  fact,  is  seldom  done,  and  it  com- 
mends the  general  management  of  trustees  and  the 
general  conduct  of  rehgious  congregations,  that  the 
guard  of  a  registry  of  voters  has  not  been  found 
necessary. 

In  one  of  the  statutes  of  England,  in  the  reign  of 
Henry  VIII.,  it  was  provided :  "  Causes  spiritual 
must  be  judged  by  judges  of  the  spirituality,  and 
causes  temporal  by  temporal  judges."  We  may  ap- 
ply that  principle  to  the  law  of  New  York.  Over 
the  church,  as  such,  the  legal  tribunals  do  not  pro- 
fess any  jurisdiction,  except  to  protect  civil  rights 
and  preserve  the  public  peace.     Questions  relating 


viii  Religions  Corporations  in  New  York. 

to  the  faith  and  practice  of  the  church,  belong  to  the 
church  judicatories,  and  the  doctrines,  government, 
and  worship  of  the  church,  are  to  be  regulated  ac- 
cording to  its  own  peculiar  rules  and  discipline.  Our 
laws  make  a  plain  distinction  between  ecclesiastical 
procedure,  and  the  regulation  of  temporalities.  They 
are  in  harmony  with  the  principles  of  our  Federal 
Constitution,  which  provides  that  "no  religious  test 
shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust,  and  that  Congress  shall  make 
no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof"  Freedom  to 
worship  God,  according  to  the  dictates  of  conscience, 
and  liberty  of  opinion  in  matters  of  religious  faith, 
are  among  the  choicest  blessings  of  a  free  people. 

Under  the  laws  of  England  the  people  are  divisible 
into  two  classes,  the  clergy  and  the  laity.  There  the 
clergy  are  allowed  numerous  privileges  by  the  munic- 
ipal laws.  They  have,  however,  some  disabilities, 
and  are  divided  into  ranks  and  degrees.  But  in  the 
United  States  we  have  no  holy  orders,  nor  any  ec- 
clesiastical officers,  known  as  such  to  the  civil  law. 
Nor  is  any  one  in  this  country  compelled  to  make 
any  contribution  for  the  support  of  religion.  All 
contributions  for  that  purpose  are  voluntary.  Yet, 
contracts  made  to  support  religion  or  pious  endow- 
ments, stand  upon  the  same  foundation  as  contracts 
for  other  purposes,  and  will  be  enforced  by  the  mu- 
nicipal law,  when  properly  made  upon  sufficient  con- 
sideration. 

A  religious  society  may  be  defined  to  be  a  volun- 
tary association  of  individuals  for  the  advancement 


Religious  Corporations  in  New  York.  ix 

of  religion.  Although  a  church,  as  an  ecclesiastical 
body,  is  always  connected  with  a  religious  corpora- 
tion, yet  the  members  of  the  church  have  no  other  or 
greater  rights  than  others  of  the  congregation,  ex- 
cept in  a  few  instances  where  special  acts  have  made 
a  distinction.  One  of  such  exceptions  was  created 
by  a  law  of  1875  in  respect  to  Brooklyn.  In  deter- 
mining the  powers  and  functions  of  a  religious  cor- 
poration in  the  State  of  New  York,  reference  must 
be  had  to  the  statute  under  which  it  is  incorporated. 
Whatever  authority  the  corporation  possesses  is  de- 
rived from  the  statute,  and  by  its  provisions  must  the 
power  be  tested.  The  trustees  alone  can  bind  the 
corporation,  and,  in  order  to  execute  that  power,  they 
must  convene  as  a  board,  at  which  a  majority  must 
be  present.  When  convened,  a  majority  of  the  quo- 
rum present  is  competent  to  make  valid  their  action. 
The  separate  action  of  the  trustees  individually,  al- 
though a  majority  in  number  should  agree  upon  it, 
would  not  legally  be  the  act  of  the  constituted 
body  clothed  with  the  corporate  powers.  The 
property  of  the  corporation  cannot  be  distributed  by 
the  trustees  among  the  members,  nor  can  the  mem- 
bers themselves,  or  the  court,  sanction  such  a  distri- 
bution. Church  edifices  and  chapels  are  sometimes 
let,  or  permitted  to  be  used,  for  purposes  other  than 
those  for  which  they  were  erected.  Such  casual 
or  occasional  use  is  not  objectionable,  provided  it 
does  not  interfere  with  the  rights  or  convenience  of 
the  congregation.  It  could  not  be  carried  to  such 
an  extent  as  to  amount  to  a  perversion  of  the  legiti- 
mate ends  for  which  the  property  is  held.     It  is  now 


X  Religions  Corporations  in  Neiv  York. 

enacted  that  bequests  and  devises  of  real  and  per- 
sonal estate,  may  be  made  to  a  religious  corporation, 
the  net  annual  income  of  which  shall  not  exceed 
twelve  thousand  dollars,  subject,  however,  to  the  act 
of  i860  relating  to  wills,  which  limits  such  bequests 
and  devises  to  one  half  of  the  estate  of  the  donor, 
where  there  survives  a  husband,  wife,  child,  or  parent. 

Premises  exclusively  used  for  church  purposes  are 
exempt  from  taxation.  Parsonages  are  not  thus 
exempt. 

There  are  special  statutes  for  the  incorporation 
of  societies  to  establish  free  churches,  for  the  in- 
corporation of  Protestant  Episcopal  Churches,  Re- 
formed Presbyterian  Churches,  Roman  Catholic 
Churches,  and  some  others.  Generally,  however, 
Methodist  Episcopal  Churches,  and  those  of  the 
Baptist,  Presbyterian,  Congregational,  and  some 
other  denominations,  are  incorporated  under  the  third 
section  of  the  Act  of  18 13.  Persons  entitled  to  vote 
for  trustees,  in  such  a  religious  congregation,  are 
males  and  females  of  full  age,  who  shall  have  been 
stated  attendants  on  divine  worship  in  the  congrega- 
tion at  least  one  year  before  such  election,  "  and  shall 
have  contributed  to  the  support  of  the  church,  congre- 
gation, or  society,  according  to  the  usages  and  customs 
thereof."  (Chapter  597,  Laws  of  1875.)  If  the  socie- 
ty neglect  or  omit  at  their  stated  annual  election  to 
choose  any  one  of  the  three  classes  of  trustees,  as 
mentioned  in  the  sixth  section  of  the  Act  of  18 13, 
they  may  proceed  to  an  election  on  a  new  notice. 
(Chapter  354,  Laws  of  1875.) 

On  the  29th  March,  1875,  a  most  important  act 


Religious  Corporations  in  New  York.  xi 

relative  to  religious  societies  was  passed  by  the 
Legislature  of  New  York.  (Chapter  79,  Laws  of 
1875.)  In  a  sense  it  grew  out  of  the  proceedings  of 
the  Methodist  Convention  held  at  Syracuse  some 
years  ago.  The  Convention  appointed  a  committee 
of  lawyers  to  prepare  and  present  to  the  Legislature 
a  proper  bill.  The  committee  performed  that  duty, 
and  the  bill  passed  one  branch  of  the  Legislature, 
but  failed  in  the  other,  perhaps  for  want  of  time. 
Last  winter  Rev.  Dr.  Hunt,  of  Lockport,*  a  presiding 
elder,  took  up  the  matter,  visited  New  York  and 
Albany,  made  amendments  to  the  bill,  and  success- 
fully influenced  its  passage,  so  that  it  is  now  a  law. 
It  amends  the  Act  of  181 3  in  important  particulars. 

Sec.  I  provides  that  trustees  shall  hold  their  offices 
during  the  term  for  which  they  were  elected,  and  un- 
til their  successors  are  chosen. 

Now,  a  failure  to  elect  any  of  the  classes  of  trust- 
ees will  not  leave  the  corporation  without  a  legal 
board  to  transact  its  affairs. 

Sec.  2  provides  that  when  a  trustee  ceases  to  be  a 
member  of  the  church,  by  removal  or  otherwise,  or 
ceases  to  statedly  attend  upon  and  support  its  serv- 
ices, he  shall,  for  such  cause,  cease  to  be  a  trustee  ;  his 
place  shall  be  declared  vacant,  and  the  congregation 
shall  proceed  to  fill  the  vacancy. 

The  importance  of  this  provision  to  meet  emergen- 
cies that  arise  is  quite  apparent. 

Sec.  3  provides,  what  another  act  of  the  same  ses- 
sion provides,  that  bequests  and  devises  may  be 
made  to  a  rehgious  corporation,  the  net  annual  in- 

*  Now  of  Buffalo,  N.  Y. 


xii  Religious  Corporations  in  New  York. 

come  of  which  shall  not  exceed  ^12,000;  subject  to 
the  limitation  of  the  Act  concerning  wills  ;  that  is, 
chap.  360,  Laws  of  i860. 

Sec.  4  provides  that  the  trustees  shall  administer 
the  temporalities,  and  hold  and  apply  the  property 
and  revenues,  for  the  benefit  of  the  corporation,  ac- 
cording to  the  discipline,  rules,  and  usages  of  the 
denomination  to  which  the  church  members  of  the 
corporation  belong ;  and  it  shall  not  be  lawful  to  di- 
vert the  property  to  any  other  purpose  ;  except  to- 
ward the  support  of  institutions  connected  with  such 
church  or  religious  society. 

Prior  to  this  act  it  had  several  times  been  held  by 
the  courts,  that  the  congregation  and  trustees  could 
change  their  faith  and  denomination,  and  totally  dis- 
regard the  ecclesiastical  relations  and  ordinances  of 
the  denomination,  to  which  before  they  were  attached. 

Sec.  5  allows  religious  corporations  to  receive  and 
apply  income  or  rents  from  pews,  in  addition  to  the 
annual  income  allowed  by  law. 

Prior  to  this  provision,  most  of  the  pewed  churches 
in  cities  were  obliged  to  pursue  a  practice  contrary 
to  law. 

Sec.  6  extends  the  jurisdiction  of  courts  of  equity 
over  religious  corporations,  so  far  as  may  be  neces- 
sary to  enforce  the  provisions  of  that  act. 

Without  this  provision  such  courts  would  have  no 
power,  as  there  is  a  general  statute  which  excepts  re- 
ligious corporations  from  their  jurisdiction. 

Sec.  7  provides  that  no  religious  corporation  shall 
be  dissolved  for  want  of  the  inventory  of  its  real  and 
personal  estate,  and  the  account  of  the  annual  income 


Religious  Corporations  in  New  York,         xiii 

thereof,  which  is  required  by  law  to  be  exhibited 
once  in  three  years,  between  January  and  April,  to  a 
justice  of  the  Supreme  Court ;  provided  such  ac- 
count or  inventory  be  exhibited  within  three  years 
from  the  passage  of  the  Act.  It  was  passed,  as  al- 
ready stated,  March  29,  1875. 

Since  the  Act  thus  referred  to,  it  is  considered  that 
the  property  of  religious  corporations  within  the 
State  of  New  York  is  well  secured  by  proper  pro- 
visions of  law.  Perhaps  no  further  local  legislation 
is  necessary  for  the  management  of  the  temporalities 
under  the  care  of  trustees  of  religious  societies  in 
that  State.  Christian  churches  or  denominations  do 
not  seek  from  the  State  any  thing  more  than  the  pro- 
tection of  their  civil  rights.  They  do  not  ask  that 
the  secular  power  shall  enforce  any  doctrine,  or  enact 
statutes  to  make  valid  any  creed.  It  is  right  to  obey 
God  rather  than  man  ;  and,  therefore,  religious  be- 
lief is  a  matter  for  the  conscience,  beyond  the  reach 
of  human  laws.  The  great  Head  of  the  church  re- 
fused to  wear  an  earthly  crown,  and  said,  "  My  king- 
dom is  not  of  this  world."  He  provided  for  no 
statesmen  to  establish  his  church  ;  nor  for  any  sol- 
diers to  propagate  its  faith.  The  sublime  words  in 
which  he  commissioned  his  apostles  to  preach  the 
Gospel,  and  to  disciple  all  nations,  show  that  his 
dominion  was  not  to  be  civil  or  national,  but  spiritual 
and  universal.  Yet  he  plainly  asserted  the  doctrine 
that  civil  government  is  ordained  of  God. 

While  no  particular  form  of  government  is  pre- 
scribed, the  law  of  the  New  Testament  asserts  the 
binding  force  of  civil  authority.     There  is  an  inspired 


xiv         Religious  Corporations  in  New  York. 

passage  in  Paul's  Epistle  to  the  Romans,  which,  in 
the  translation  of  Dean  Alford,  reads  as  follows : 
"  Let  every  soul  submit  himself  to  the  authorities 
that  are  above  him  ;  for  there  is  no  authority  except 
from  God  :  those  that  be,  have  been  ordained  by 
God.  So  that  he  which  setteth  himself  against  the 
authority,  resisteth  the  ordinance  of  God ;  and  they 
that  resist  shall  receive  to  themselves  condemnation. 
For  rulers  are  not  a  terror  to  the  good,  but  to  the 
evil.  Dost  thou  desire  not  to  be  afraid  of  the  au- 
thority? Do  that  which  is  good,  and  thou  shalt 
have  praise  from  the  same  ;  for  he  is  God's  minister 
unto  thee  for  good.  But  if  thou  do  that  which  is 
evil,  be  afraid  ;  for  he  weareth  not  the  sword  in  vain  : 
for  he  is  God's  minister,  an  avenger  for  wrath  unto 
him  that  doeth  evil.  Wherefore  ye  must  needs  sub- 
mit yourselves,  not  only  because  of  the  wrath,  but 
also  for  your  conscience'  sake.  For  this  cause  ye 
also  pay  tribute ;  for  they  are  ministers  of  God,  at- 
tending continually  to  this  very  thing.  Render  to 
all  their  dues  :  tribute  to  whom  tribute  is  due ;  cus- 
tom to  whom  custom  ;  fear  to  whom  fear ;  honor  to 
whom  honor." 

While  this  expressive  passage  does  not  define  the 
sphere  of  the  civil  authority,  there  are  other  portions 
of  the  sacred  record  which  show  that  it  is  limited  to 
the  temporal  concerns  of  man,  and  has  no  right  to 
invade  the  sacred  realm  of  his  spiritual  convictions 
or  duties.  Man's  allegiance  to  a  spiritual  kingdom 
is  supreme ;  and,  subservient  to  that  higher  law,  he 
owes  allegiance,  also,  to  human  laws.  His  motto 
should  ever  be :  "  Render,  therefore,  to  Cesar   the 


Religions  Corporations  in  New  York.  xv 

things  that  are  Cesar's,  and  to  God  the  things  that 
are  God's." 

It  should  not  be  inferred  because  the  constitution 
of  the  United  States  secures  "  the  free  exercise  and 
enjoyment  of  reHgious  profession  and  worship," 
that  therefore  acts  of  irreligion  or  practices  incon- 
sistent with  pubHc  peace  or  morahty  are  tolerated 
by  the  law.  On  the  contrary,  it  is  an  offense  at 
common  law,  to  deny  the  being  or  providence  of  God. 
Contumelious  reproaches  of  Jesus  Christ  have  been 
held  to  be  blasphemy.  Profane  scoffing  at  the  Holy 
Scripture,  or  exposing  it  to  contempt  and  ridicule,  is 
a  like  crime  at  the  common  law.  {King  v.  WoolstoUy 
Str.,  834 ;  W.  Blackstones  Ref.,  398  ;  i  Vent.,  293  ; 
3  Keb.,  607,  621  ;  8  y.  R.,  292.)  The  Court  of  King's 
Bench  declared  that  they  would  not  suffer  it  to  be 
debated,  whether  to  write  against  Christianity  in 
general  was  not  an  offense,  punishable  in  the  tempo- 
ral courts  at  common  law. 

Blasphemy,  according  to  the  most  precise  defini- 
tion, consists  in  reviling  God  or  religion  ;  and  it  has 
been  held  that  the  utterance  of  malicious  and  scan- 
dalous words  concerning  the  Saviour  was  blasphemy, 
because  it  was  reviling  Christianity  through  its  di- 
vine author.  {People  v.  Rtcggles,  8  yohns.  Rep.,  294.) 
The  Court  of  King's  Bench  in  Rex  v.  Woolston,  said 
that  whatever  strikes  at  the  root  of  Christianity  tends 
manifestly  to  the  dissolution  of  civil  government. 
In  Rex  V.  Williams,  tried  in  July,  1797,  before  Lord 
Kenyon,  for  the  publication  of  "  Paine's  Age  of  Rea- 
son," the  same  doctrine  was  asserted.  Profane  ridi- 
cule of  Christ,  or  of  the  Holy  Scriptures,  is  an  offense 


xvi  Religious  Corporations  in  New  York. 

punishable  at  common  law,  whether  uttered  by  words 
or  writings.  (4  Black.  Com.,  59.)  It  is  an  offense  be- 
cause it  tends  to  corrupt  good  morals,  and  to  destroy 
good  order ;  and  is,  therefore,  treated  as  a  crime  af- 
fecting the  essential  interests  of  civil  society.  Such 
offenses,  at  common  law,  are  punishable  under  the 
constitution  and  laws  of  the  State  of  New  York. 
(J^eople  V.  Ruggles,  8  yohn.  R.,  290.) 

Lord  Bacon  said,  "  Profane  scoffing  doth,  by  little 
and  little,  deface  the  reverence  for  religion,"  vol.  ii, 
291,  Bacons  Works.  Chancellor  Kent  said,  (8  J.  R., 
p.  295  :)  "  No  government  among  any  of  the  polished 
nations  of  antiquity,  and  none  of  the  institutions  of 
modern  Europe,  (a  single  and  monitory  case  except- 
ed,) ever  hazarded  such  a  bold  experiment  upon  the 
solidity  of  the  public  morals,  as  to  permit  with  impu- 
nity, and  under  the  sanction  of  their  tribunal,  the 
general  religion  of  the  community  to  be  openly  in- 
sulted and  defamed.  The  very  idea  of  jurisprudence, 
with  the  ancient  lawgivers  and  philosophers,  em- 
braced the  religion  of  the  country,  yurispriidentia 
est  divinarinn  atque  humanarum  reru7n  notitia. — Cic. 
de  Legibns,  b.  2.  The  free,  equal,  and  undisturbed 
enjoyment  of  religious  opinion,  whatever  it  may  be, 
and  free  and  decent  discussions  of  any  religious  sub- 
ject, are  granted  and  secured ;  but  to  revile  with 
malicious  and  blasphemous  contempt  the  religion 
professed  by  almost  the  whole  community,  is  an 
abuse  of  that  right.  Nor  are  we  bound  by  any  ex- 
pressions in  the  constitution,  as  some  have  strangely 
supposed,  either  not  to  punish  at  all,  or  to  punish  in- 
discriminately the  like  attacks  upon  the  religion  of 


Religious  Corporations  in  New  York.        xvii 

Mohammed  ox  of  the  Grand  Lama  ;  and  for  this  plain 
reason,  we  are  a  Christian  people,  and  the  morality 
of  the  country  is  deeply  ingrafted  upon  Christianity, 
and  not  upon  the  doctrines  or  worship  of  those  im- 
postors. .  .  .  Though  the  constitution  has  discarded 
religious  establishments,  it  does  not  forbid  judi- 
cial cognizance  of  those  offenses  against  religion 
and  morality  which  have  no  reference  to  any  such 
establishment,  or  to  any  particular  form  of  govern- 
ment, but  are  punishable  because  they  strike  at  the 
root  of  moral  obligation,  and  weaken  the  security  of 
the  social  ties."  The  constitution  "never  meant  to 
withdraw  religion  in  general,  and  with  it  the  best 
sanctions  of  moral  and  social  obligation,  from  all  con- 
sideration and  notice  of  the  law."  "  To  construe  it 
as  breaking  down  the  common  law  barriers  against 
licentious,  wanton,  and  impious  attacks  upon  Chris- 
tianity itself,  would  be  an  enormous  perversion  of  its 
meaning."  "  Christianity  in  its  enlarged  sense  as  a 
religion,  revealed  and  taught  in  the  Bible,  is  not  un- 
known to  our  law."  Vide  the  R.  S.  concerning  the 
keeping  of  the  Sabbath.  Concerning  oaths,  and 
making  of  contracts  on  Sunday,  the  Supreme  Court 
of  the  United  States  held,  in  Vidal  v.  Girard's 
Ex.,  2  U.  S.  How.,  R.,  198,  that  the  Christian  religion 
was  a  part  of  the  common  law  adopted  in  Pennsyl- 
vania, in  the  constitution  of  which  State  is  a  provis- 
ion similar  to  that  in  the  constitution  of  New  York. 
It  is  so  in  New  York,  8  yo/in.  Rep.,  292  :  (Debates 
in  Convention  of  N.  Y.,  p.  374.)  A  man  who  spoke 
contumelious  and  disrespectful  words  of  Christ  was 
tried,  convicted,  fined,  and  imprisoned ;  and  the  Su- 


xviii       Religious  Corporations  in  Nezv  York. 

preme  Court  of  New  York  decided  that  the  words 
were  blasphemous,  at  common  law,  and  that  the  ac- 
cused was  properly  convicted  and  sentenced.  It  has 
also  been  held  that  while  individual  consciences  may 
not  be  constrained,  yet  men  of  every  opinion  and 
creed  may  be  restrained  from  acts  which  interfere 
with  Christian  worship,  or  which  tend  to  revile  re- 
ligion or  bring  it  into  contempt.  When  any  belief 
tends  to  acts  Which  interfere  with  the  rights  of  those 
who  represent  the  religion  of  the  country,  their  acts 
may  be  restrained  by  legislation.  (See  21  Howard's 
Prac,  Rep.,  157.) 

The  sparks  of  ancient  learning  which  survived  the 
long  winter  of  the  dark  ages  have  not  kindled  the 
light  of  our  day.  The  stupendous  march  of  our  civili- 
zation is  due  to  the  establishment  and  maintenance 
of  Christianity.  Revelation  and  reason  go  hand  in 
hand,  and  give  energy  and  effect  to  our  laws.  Our  con- 
stitutional freedom  is  pervaded  with  the  living  prin- 
ciples of  justice  and  truth,  whose  foundations  are  the 
Holy  Scriptures.  The  republics  of  Greece,  Rome, 
and  Venice,  had  what  were  called  free  constitutions 
before  ours  were  framed.  Republican  France  adopted 
one  that  was  a  model  of  human  sagacity.  But  the 
sublime  principles  of  Christianity  were  hidden  below 
the  horizon  of  those  unhappy  republics,  and  there 
was  found  no  charm  in  infidel  political  science  to 
save  them.  God  is  the  righteous  ruler  of  nations. 
He  has  given  the  kingdoms  of  this  world  to  his  Son. 
He  occupies  the  supreme  throne  over  all ;  not  as 
a  deity  of  reason  or  of  pantheism ;  nor  yet  as  the 
theos  or  dens  of  speculative  philosophy,  but  as  the 


Religious  Corporations  in  New  York.  xix 

God  of  revelation,  as  he  is  made  known  in  the  Holy- 
Scriptures,  which  are  the  chart  of  our  liberties.  We 
are  not  left  to  speculative  theories,  or  to  a  disputable 
hypothesis  in  this  matter.  Whenever  we  turn  to  the 
examination  of  historical  facts,  we  find  that  in  every 
place  where  Christianity  has  prevailed,  there  the  en- 
lightenment and  moral  elevation  of  mankind  have  fol- 
lowed. It  is  also  seen  that  just  in  proportion  to  the  ab- 
sence or  the  corruption  of  Christian  truth,  have  there 
been  darkness,  error,  and  crime.  The  most  important 
part  of  the  history  of  European  civilization  is  the 
history  of  Christianity ;  and  identified  with  the  stu- 
pendous progress  of  the  people  of  the  United  States, 
is  the  history  of  their  Christian  culture  and  faith  in 
Christ.  The  world  is  not  abandoned  to  chance  or 
fate.  It  is  under  a  scheme  of  moral  government, 
where  evil  men  and  wrong  principles  are  overruled  by 
an  Almighty  power.  All  laws,  therefore,  which  are 
framed  for  the  guidance  of  human  society,  should  be 
subordinate  to  the  higher  system  of  Heaven  ;  which, 
in  wonderful  wisdom  and  love,  has  not  only  devised 
the  redemption  and  restoration  of  humanity,  but  has 
revealed  those  eternal  principles  of  morality  that  are 
endued  with  living  power  for  the  welfare  of  men. 

In  the  Convention  of  1821  for  forming  the  Consti- 
tution of  New  York,  it  was  conceded,  in  discussing 
the  case  of  the  People  v.  Ruggles,  that  the  Christian 
religion  was  the  law  of  the  land,  in  the  sense  that  it 
was  preferred  over  all  other  religions,  and  was  en- 
titled to  the  recognition  and  protection  of  the  tempo- 
ral courts  by  the  common  law  of  the  State.  The 
decision  of  that  case  was  vindicated  as  a  just  exposi- 


XX  Religions  Corporations  in  New  York. 

tion  of  the  constitutional  recognition,  and  the  relation 
of  the  Christian  religion  to  the  State.  A  practical 
construction  is  thus  put  upon  the  "  toleration  "  clause 
of  the  Constitution  of  1821,  and  which  was  again 
adopted  in  the  Constitution  of  1846.  It  limits  its 
effect  to  a  prohibition  of  a  church  establishment  by 
the  State,  and  of  all  "discrimination  or  preference" 
among  the  several  sects  and  denominations  in  the 
"  free  exercise  and  enjoyment  of  religious  profession 
and  worship."  But  it  does  not  prohibit  the  Legisla- 
ture or  the  courts  from  regarding  the  Christian  re- 
ligion as  the  religion  of  the  people,  as  distinguished 
from  the  false  religions  of  the  world.  It  is  not  dis- 
putable that  Christianity  was  a  part  of  the  common 
law  of  England.  (Lindenmuller  \ .  People ^  21  How.^ 
Pr.  Rep.,  158.) 

By  Sec.  17,  Art.  i,  Const,  of  1846,  it  is  provided: 
"  Such  parts  of  the  common  law,  and  of  the  acts  of 
the  Legislature  of  the  Colony  of  New  York  as  to- 
gether did  form  the  law  of  the  said  Colony  on  the 
19th  of  April,  1775  ;  and  the  resolutions  of  the 
Congress  of  the  said  Colony,  and  of  the  Convention 
of  the  State  of  New  York,  in  force  on  the  20th  day 
of  April,  I  'j'j'j,  which  have  not  expired,  or  been  re- 
pealed or  altered,  and  such  acts  of  the  Legislature  of 
this  State  as  are  now  in  force,  shall  be,  and  continue 
the  law  of  this  State,  subject  to  such  alterations  as 
the  Legislature  shall  make  concerning  the  same." 
Thus  the  recognition  of  Christianity  as  a  part  of  the 
common  law,  is  incorporated  into  the  law  of  New 
York.  Christianity  is  not  the  legal  religion  of  the 
State,  but  it  is  the  recognized  religion  of  the  people ; 


Religious  Corporations  in  New  York.         xxi 

and,  as  such,  it  is  recognized  and  protected.  Laws 
are  accordingly  passed  prohibiting  the  violation  of 
the  Christian  Sabbath  by  secular  employments  or 
the  making  of  civil  contracts.  The  common  faith  of 
the  community  is  also  recognized  by  conventions  to 
form  or  amend  the  Constitution,  and  by  the  Legisla- 
tures, in  opening  their  daily  sessions  with  prayer. 
The  governor  cannot  return  bills  to  the  Legislature 
on  the  Christian  Sabbath.  The  courts  cannot  sit  on 
that  day,  except  to  receive  a  verdict  or  to  discharge 
a  jury.  The  founders  of  our  government  and  the 
framers  of  our  constitutions  have  recognized  the 
truth  that  the  Christian  religion  is  intimately  con- 
nected with  good  government,  and  is  the  only  sure 
basis  of  sound  morals.  The  stability  of  government, 
the  welfare  of  society,  and  the  interest  of  the  citizen, 
are  involved  in  our  perpetuation  of  the  Sabbath  as 
one  of  the  institutions  of  Christianity,  and  in  proper 
respect  for  the  Christian  religion.  The  peace  and 
good  order  of  society  are  thereby  promoted,  and 
increased  securities  of  Hfe  and  property  are  thereby 
afforded.  It  would  be  repugnant  to  every  proper 
idea  of  a  civilized  government,  to  overthrow  such  a 
well-tried  safeguard  of  liberty  as  the  Christian  re- 
ligion, for  through  the  influence  it  exerts  it  is  di- 
rectly conducive  to  civilization,  and  it  contains  the 
purest  and  most  perfect  system  of  ethics  that  ever 
has  been  promulgated. 

A  nation  is  saved  by  the  righteousness  that  dwells 
in  it,  and  not  by  the  influence  of  arts,  or  of  arms. 
Its  surest  defense,  under  Providence,  is  the  moral 
elevation   of  its  citizens.      No   community,  without 


XX  ii        Religions  Corporations  in  New  York. 

morality,  ever  left  a  history  except  that  which  closes 
in  darkness.  Nations  without  God  are  at  length 
overwhelmed  in  ruin.  The  best  hopes  for  humanity 
are  identified  with  the  progress  of  Christianity,  and 
the  basis  of  national  prosperity,  is  that  individual  and 
social  morality  which  it  inculcates.  There  are  mys- 
tic shells  brought  from  the  caves  of  ocean,  that,  when 
pressed  to  the  ear,  breathe  a  soft  and  solemn  sound, 
like  the  faint  murmur  of  their  distant  native  waters. 
So  there  are  human  laws  which  whisper  of  the 
deeper  ordinances  of  nature  on  which  they  repose, 
and  they  point  tremulously  upward  to  a  throne  of 
unchanging,  eternal  righteousness. 

Religious  tolerance  is  not  inconsistent  with  a  re- 
cognized religion.  Our  forefathers  came  to  these 
shores  not  only  to  find  a  country  of  civil  liberty,  but 
they  sought  a  land  of  religious  freedom.  The  early 
history  of  the  colonies  shows  that  they  regarded  re- 
ligion as  the  basis  of  civil  liberty  and  the  foundation 
of  their  rights.  Judge  Woodward,  in  lo  Har.,  102, 
said :  "  The  right  to  rear  a  family  with  a  becoming 
regard  to  the  institutions  of  Christianity,  and  without 
compelling  them  to  witness  the  hourly  infractions  of 
one  of  its  fundamental  laws ;  the  right  to  enjoy  the 
peace  and  good  order  of  society,  and  the  increased 
securities  of  life  and  property  which  result  from  a  de- 
cent observance  of  the  Sabbath  ;  the  right  of  the  poor 
to  rest  from  labor  without  diminution  of  wages  ;  the 
right  of  beasts  to  the  rest  which  nature  calls  for — are 
real,  substantial  rights,  and  as  much  the  subject  of 
governmental  protection  as  any  other  right  of  person 
or  property."     Such  is  the  law  of  New  York. 


lE^TEODUCTIOI^r 


"^  I  ^HE  vast  and  rapidly  increasing  amount  of 
-^  property  held  by  religious  societies  in  the 
United  States  renders  a  knowledge  of  the  tenure 
by  which  it  is  secured  a  matter  of  grave  impor- 
tance. Laymen  who  have  the  custody  of  this  class 
of  property  should  be  somewhat  familiar  with  the 
laws  under  whose  authority  they  act.  These  laws, 
however,  are  to  be  found  only  in  large  and  expen- 
sive volumes,  and  in  many  places  difficult  of  access. 
About  two  years  ago  the  compiler  of  this  book 
collected  together  the  laws  of  the  State  of  New 
York  appertaining  to  this  subject,  and  they  were 
published  by  H.  H.  Otis  in  a  small  volume  entitled 
*'  Hand -Book  for  Trustees  of  Religious  Corpora- 
tions." The  demand  for  that  book  suggested  the 
necessity  for  this  volume.  Some  of  the  States 
have  no  special  laws  for  the  incorporation  of  relig- 
ious societies,  hence  their  omission  in  this  list. 
This  book  is  not  designed  for  lawyers  or  courts 
of  justice.  It  presents,  in  as  condensed  a  form  as 
practicable,  such  statutes,  now  in  force,  as  trustees 
of  churches  and  camp-grounds  may  desire  for  the 


4  Introduction. 

security  of  property  and  maintenance  of  order.  I 
hereby  express  my  obligations  to  William  Gould  & 
Son,  Law  Publishers,  at  Albany,  N.  Y.,  for  permission 
to  copy  from  Tyler's  "American  Ecclesiastical  Law" 
the  laws  of  Georgia,  Florida,  and  Mississippi.  That 
book  is  an  embodiment  of  laws  and  decisions  for 
those  who  desire  a  full  and  complete  volume  on  this 
subject. 

While  this  volume  was  in  press  Hon.  E.  L.  Fancher 
delivered  an  address  on  "  The  Law  of  Religious  Cor- 
porations '*  before  a  District  Conference  in  New  York 
city.  It  is  not  only  full  of  valuable  practical  sugges- 
tions for  church  officers  in  New  York  State,  but 
presents,  in  a  clear  and  forcible  manner,  solid  general 
truths,  which  are  the  very  foundations  of  civil  gov- 
ernment. The  public  at  large  wi)l  unite  with  us  in 
gratitude  that  he  yielded  to  our  earnest  solicitations 
for  the  copy  which  is  herewith  published. 

This  book  is  sent  out  with  the  hope  that  it  may  be 
of  service  to  a  large  class  of  men  who,  without  com- 
pensation, are  the  custodians  of  property  of  untold 
importance  to  the  Christian  Church  and  the  nation. 

Buffalo,  N.  Y.,  I876.  S.   HuNT. 


CONTENTS 


CHAPTER  I.— ALABAMA. 

Church  or  Religious  Society  may  Incorporate  by  electing  Trustees 
—Must  file  Certificate— May  hold  Real  and  Personal  Estate— Laws 
relating  to  Disturbance  of  Religious  Meetings Page     II 

CHAPTER  IL— CALIFORNIA. 

How  Societies  may  Incorporate — Certificates— Powers  of  Trustees 
— Church  Functionaries  may  act  as  Tnistees — Disturbance  of  Camp 
and  other  Religious  Meetings 12 

CHAPTER  III.— COLORADO. 
How  Organized— Powers  of  Trustees — Taxation 15 

CHAPTER  IV.— CONNECTICUT. 

General  Rights  of  Societies — How  Formed — Membership— How 
Acquired  and  Terminated— Election  of  Members — Annual  Meetings 
—  Special  Meetings  —  Officers — Vacancies  —  Powers  of  Societies — 
Location  of  Churches— Taxes— How  laid  and  collected— Right  of 
Voting — Pews  Assessed  and  Sold — Offenses 17 

CHAPTER  v.— DELAWARE. 

Mode  of  Incorporation — Trustees — How  Elected — Powers — Va- 
cancies—How Filled  —  Records  — Protestant  Episcopal  Church  — 
Deeds — Disturbing  Meetings 27 

CHAPTER  VL— DISTRICT  OF  COLUMBIA. 

Religious  Societies  may  receive  and  hold  One  Acre  of  Land — 
Trustees  to  hold  Title — Certificate— Powers  of  Trustees — Convey- 


6  Contents. 

ances  —  Vacancies  —  Removal  of  Tmstees  —  Property  reverts  on 
Dissolution — Trustees  hold  until  Successors  are  Elected  —  Private 
Schools Page     30 

CHAPTER  VIL— FLORIDA. 

How  to  Incorporate — Powers — Pi'operty  of  Religious  Societies — 
Disturbing  Worship 34 

CHAPTER  VIII.— GEORGIA. 

Methods  —  Change  of  Name  —  Conveyances — Vacancies  —  How 
Filled — Form  of  Petition  and  Order — Disturbing  Worship 3S 

CHAPTER  IX.— ILLINOIS. 

Corporations  may  receive  and  hold  Lands — Certificates — Powers 
of  Trustees — Dissolution  of  Societies — Camp-Grounds — Mortgages 
— Trust  Deeds — Roman  Catholic  Churches — Corporate  Powers — Dis- 
turbance of  Religious  Meetings 43 

CHAPTER  X.— INDIANA. 

Societies  may  hold  Land — Notice  of  Election — Certificates — Ten- 
ure of  Office  of  Trustees — How  Chosen — Change  of  Name — Sale  of 
Property — Disturbance  of  Religious  Meetings 49 

CHAPTER  XL— IOWA. 

Corporations  —  How  Formed — Certificates — Powers — Elections — • 
Devises  and  Bequests — Offenses — How  Punished 55 

CHAPTER  XIL— KANSAS. 

How  Corporations  are  Formed — Acknowledged — Filed — Religious 
Societies — Disturbance  of  Public  Worship 60 

CHAPTER  XIII.— KENTUCKY. 

Grants  for  Charitable  Uses — Not  Defeated  for  want  of  Trustee — 
Churches  limited  to  Fifty  Acres — Trustees  to  be  Appointed — Records 
— Schisms— Excommunication — Dissolution — Shakers 62 


Contents.  J 

CHAPTER  XIV.— LOUISIANA. 

Applications  must  be  made  to  the  District  Attorney  for  Incor- 
poration  Page    64 

CHAPTER  XV.— MAINE. 

Mode  of  calling  Meeting — Organization— Annual  and  other  Meet- 
ings— Parish  Meetings — How  Called— May  raise  Money — Assess- 
ments on  Pews — Admission  to  a  Parish — Church  Officers  may  be 
deemed  Corporations — Conveyances — Offenses  appertaining  to  Re- 
ligious Meetings 66 

CHAPTER  XVI.— MARYLAND. 

Who  may  Incorporate — Powers  of  Trustees — Limitation  of  In- 
come— Where  Elections  must  be  Held,  and  who  may  Vote — Qualifi- 
cations of  Trustees — Ministers  are  Voters — How  settle  Disputes — 
Plans  adopted  at  the  first  Meeting — Recorded — Powers  Defined — 
Division  of  a  Society — Disturbing  Religious  Meetings 79 

CHAPTER  XVII.— MASSACHUSETTS. 

Religious  Societies  to  be  Corporate — Rights— Societies  may  Organ- 
ize themselves — Membership — Voters — Organization — Meetings — 
How  Warned — Protestant  Episcopal  Societies — Taxes — Unincorpo- 
rated Societies — Proprietors  of  Churches — Trustees  of  Methodist 
Episcopal  Church  —  Copy  of  Record — Disturbing  Religious  Wor- 
ship       87 

CHAPTER  XVIIL— MICHIGAN. 

Organization — Minister  may  Preside — Notice  of  Election — Certifi- 
cate—  Rights  and  Powers  of  Trustees  —  Meetings  —  How  called  — 
Voters — Order  of  Sale — Protestant  Episcopal  Church — Presbyterian 
Churches — Roman  Catholic  Churches — Offenses 104 

CHAPTER   XIX.— MINNESOTA. 

Body  of  the  Law  copied  from  New  York  Law  of  18 13 — Who  may 
Vote — Sale  of  Real  Estate — Succession  Established — Tinistees  may 


8  Contents, 

be  chosen  according  to  Denominational  Usage — Disturbing  Religious 
Meetings Page  124 

CHAPTER  XX.— MISSISSIPPI. 
How  to  Incorporate — Right  to  Property — Powers  of  the  Corpora- 
tion— Marriages — Disturbing  Religious  Worship 129 

CHAPTER  XXI.— MISSOURI. 
How  to  Incorporate  —  Form  of  Certificate — Disturbance  of  Re- 
ligious Meetings 135 

CHAPTER  XXII.— NEBRASKA. 
Organization  —  Powers  of  Trustees  —  How  Supply  in  case  of  Va- 
cancy      137 

CHAPTER  XXIIL— NEW  HAMPSHIRE. 
Societies — How  Formed — Powers  and  Duties  of  Trustees — Mem- 
bership to  be  Voluntary — Assessments — Taxes — Donations  to  Unin- 
corporated Societies — Church  Officers  may  be  Corporate  Bodies — 
When  Ministers  may  be  deemed  Corporators — May  hold  Parsonages 
— Conveyances — Income  of  Property — Neglects  not  to  affect  the  Soci- 
ety— Disturbance  of  Religious  Worship 139 

CHAPTER  XXIV.— NEW  JERSEY. 
Trustees  —  How  first   Elected  —  Powers — Vacancies  supplied  — 
Dutch  Reformed  Churches 150 

CHAPTER  XXV.— NEW  YORK. 

Act  of  1813,  with  general  Amendments — Reformed  Protestant 
Dutch  Church — General  Law — Powers  of  Trustees — Two  may  Call 
a  Meeting — Vacancies — How  Filled — Who  may  Vote — How  to  In- 
crease or  Diminish  the  Number  of  Trustees — Sale  of  Real  Estate — 
Trustees  of  Methodist  Episcopal  Church  in  New  York  city — Amend- 
ment of  1844 — Supplementary  Acts  of  1875 — Trustees  Hold  until 
their  Successors  are  Chosen — When  Removed — Must  Administer 
subject  to  Denominational  Usage — Two  Societies  may  Unite — Prot- 
estant Episcopal  Church — Baptist  Chuixh— Roman  Catholic  Church 
— Presiding  Elder  Districts — Parsonages — Camp  Grounds — Presby- 


Contents.  9 

teries  may  Incorporate— Dissolution  of  Societies — Form  for  Organi- 
zation  Page  155 

CHAPTER  XXVI.— NORTH  CAROLINA. 

Donations — Vacant   Lands  —  Societies  may  appoint  Trustees — 

How  Removed— Penalties  for  Obstructing  the  Way  to  Places  of 

Worship  —  Exhibitions — Sale  of  Liquor — Quakers  may  wear  Hats 

in  Court 204 

CHAPTER  XXVIL— OHIO. 

What  Societies  may  Incorporate — Certificates  to  be  Recorded — 
Repeal  of  Acts  of  1858  and  i860 — Sale  of  Real  Estate — Disturbance 
of  Religious  Meetings — Property  of  Disturbers  Forfeited 208 

CHAPTER  XXVIIL— OREGON. 
Societies  may  Incorporate — Articles,  where  Filed — Powers  of  the 
Coi-poration — Protestant   Episcopal   Church — Bishop,   Elder,  etc. — 
Religious  and   Charitable    Societies — Crimes  against   Public    Pol- 
icy    215 

CHAPTER  XXIX.— PENNSYLVANIA. 

Corporations :  (i.)  By  the  Supreme  Court ;  (2.)  By  the  Courts  of 
Common  Pleas  ;  (3.)  Courts  may  Amend  Charters  ;  (4.)  Dissolution 
of  Corporations — Disturbance  of  Camp  Meetings — Other  Religious 
Gatherings 221 

CHAPTER  XXX.— SOUTH  CAROLINA. 
Protestant    Episcopal    Church  —  Methodist    Episcopal   Church  — 
African  Methodist  Episcopal  Church — Any  Society  may  Incorporate 
— Disturbing  Religious  Meeting 238 

CHAPTER  XXXI.— TENNESSEE. 

Religious  Society — How  to  Take  and  Hold  Land — Title  Vested  in 
Trustees — Obstructing  way  to  Places  of  Worship — Disturbance — 
Selling  Liquors 243 

CHAPTER  XXXII.— TEXAS. 
Who  may  Incorporate — Meetings — How  Called — ^Vacancies — Tax- 
ation Laws  of  1874 — Criminal  Code 244 


lO  Contents. 

CHAPTER  XXXIIL— VERMONT. 
.  Associations  Authorized — May  Adopt  Corporate  Name  and  By- 
Laws —  Powers — Stewards  may  hold  Land  in  Trust  —  Disturbance 
of  Camp-meeting,  etc Page  249 

CHAPTER  XXXIV.— VIRGINIA  AND  WEST  VIRGINIA. 
Conveyances   to   be    Legalized — Trustees   appointed    by   Circuit 
Court — Limit  to  Land  Held — Real  Estate  may  be  Sold 257 

CHAPTER  XXXV.— WISCONSIN. 

Trustees,  how  Elected — Notification  of  Elections — Who  Preside 

at   Elections  —  Powers   of    Trustees  —  Classification — Qualification 

of  Voters — Proceedings  for  Sale  of  Real  Estate  —  Churches  may  be 

Re-incorporated  if  Dissolved — Offenses 260 


LAWS 

RELATING  TO  RELIGIOUS  CORPORATIONS. 


Chapter  I. — Alabama. 

Eevised  Code  of  1867.— Title  14,  Chapter  2. 

Church  or  Religious  Society  may  Incorporate  by  electing  Trust- 
ees— Must  file  Certificate — May  hold  Real  and  Personal  Estate — 
Laws  relating  to  Disturbance  of  Religious  Meetings. 

Sec.  I.  The  members  of  any  church  or  religious 
society  wishing  to  become  incorporated  must  elect 
trustees,  not  less  than  three  nor  more  than  nine. 

Sec.  2.  Such  trustees,  within  thirty  days  after 
their  election,  must  file,  in  the  office  of  judge  of 
probate  of  the  county,  a  certificate  stating  the  cor- 
porate name  selected,  the  names  of  the  trustees, 
the  length  of  time  for  which  they  were  elected  ; 
which  must  be  subscribed  by  them,  and  recorded  in 
the  office  of  such  judge  of  probate. 

Sec.  3-  The  members  of  such  church  or  society, 
their  associates  and  successors,  are,  from  the  filing 
of  such  certificate,  incorporated  by  the  name  speci- 
fied therein. 

Sec.  4-  The  judge  of  probate  is  entitled  to  a  fee  of 
two  dollars  for  filing  and  recording  such  certificate. 

Sec.  5.  All  certificates  filed  under  the  provisions 
of  this  chapter  must  be  recorded  in  the  office  of  the 
judge  of  probate,  and  a  copy  thereof  duly  certified 


12      Laws  Relating  to  Religious  Corporations. 

by  such  judge,  stating  the  time  when  the  same  was 
filed,  is  evidence  of  the  existence  of  such  corpora- 
tion from  that  time. 

Sec.  6.  Corporations  created  under  this  chapter 
may  hold  real  and  personal  property  not  exceeding 
in  value  fifty  thousand  dollars ;  may  receive  prop- 
erty by  gift,  will,  or  devise,  holding  the  same  in 
conformity  with  all  lawful  conditions  imposed  by 
the  donor,  and  exercise  such  other  powers  as  are 
incident  to  private  corporations. 

DISTURBING  RELIGIOUS  WORSHIP. 
Part  Fourth.— Title  1,  Chapter  5. 

Any  person  who  willfully  interrupts  or  disturbs 
any  assemblage  of  people  met  for  religious  worship, 
by  noise,  profane  discourse,  rude  or  indecent  be- 
havior, or  any  other  act,  at  or  near  the  place  of 
worship,  must,  on  conviction,  be  fined  not  less  than 
twenty  nor  more  than  two  hundred  dollars,  and 
may  also  be  imprisoned  in  the  county  jail,  or  sen- 
tenced to  hard  labor  for  the  county,  for  not  more 
than  six  months. 


Chapter  II.— California. 

Hitters  General  Lawa. — Corporations,  Chapter  8. 

How  Societies  may  Incorporate — Certificates — Powers  of  Trustees 
— Church  Functionaries  may  act  as  Trustees — Disturbance  of  Camp 
and  other  Religious  Meetings. 

Sec.  175.  It  shall  be  lawful  for  all  churches,  con- 
gregations, and  religious  societies,  by  such  rules  or 
methods  as  their  rules,  regulations,  or  discipline 
may  direct,  to  appoint  or  elect  any  number,  not  less 


California.  1 3 

than  three  nor  more  than  fifteen,  as  trustees  or  di- 
rectors, to  take  charge  of  the  estate  and  property 
belonging  thereto,  and  to  transact  all  affairs  relative 
to  the  temporalities  thereof. 

Sec.  176.  Upon  the  appointment  or  election  of 
such  trustees  or  directors,  a  certificate  of  such  ap- 
pointment or  election  shall  be  executed  by  the  per- 
son or  persons  making  the  appointment,  or  the 
judges  holding  the  election,  stating  the  names  of 
the  trustees  or  directors.  The  name  by  which  said 
corporation  shall  thereafter  forever  be  called  and 
known  shall  be  particularly  mentioned  and  speci- 
fied in  the  certificate  made  at  the  first  election  or 
appointment  of  trustees  or  directors. 

Sec.  177.  Such  certificate  shall  be  acknowledged 
by  the  persons  making  the  same,  or  proved  by  a 
subscribing  witness  thereto,  before  some  officer  au- 
thorized to  take  the  acknowledgment  of  deeds,  and 
recorded,  together  with  the  certificate  of  such  ac- 
knowledgment or  proof,  by  the  clerk  of  the  county 
within  which  such  church,  congregation,  or  religious 
society  shall  be  situated. 

Sec.  184.  Whenever  the  rules,  regulations,  and 
discipline  of  any  religious  denomination,  society,  or 
church  require  for  the  administration  of  the  tem- 
poralities thereof,  and  the  management  of  the  estate 
and  property  thereof,  it  shall  be  lawful  for  the 
bishop,  chief  priest,  or  presiding  elder  of  such  relig- 
ious denomination,  society,  or  church  to  become 
a  sole  corporation,  in  the  manner  prescribed  in  this 
chapter,  as  nearly  as  may  be,  and  with  all  the  pow- 
ers and  duties,  and  for  the  uses  and  purposes  in  this 


14      Laws  Relating  to  Religious  Corporations, 

chapter  provided  for  religious  incorporations,  and 
subject  to  all  the  conditions,  limitations,  and  pro- 
visions in  this  chapter  prescribed.  Provided,  that 
for  proof  of  the  appointment  or  election  of  such 
bishop,  chief  priest,  or  presiding  elder,  it  shall  be 
sufficient  to  record,  with  the  county  clerk  of  the 
county  in  which  such  bishop,  chief  priest,  or  pre- 
siding elder  resides,  the  original  or  a  copy  of  his 
commission  or  certificate,  or  letters  of  election  or 
appointment  duly  attested  ;  and  that  all  property 
held  by  such  bishop,  chief  priest,  or  presiding  elder 
shall  be  in  trust  for  the  use,  purpose,  and  behalf  of 
his  religious  denomination,  society,  or  church  ;  and 
the  limitations  (that  the  income  of  such  property 
shall  not  exceed  the  sum  of  $2o,ooo)  shall  not  apply 
to  such  sole  corporation ;  and  provided,  also,  that 
the  district  judge  of  the  district  in  which  any  relig- 
ious corporation  is  formed,  must  at  all  times  have 
access  to  the  books  of  the  corporation. 

DISTURBING  RELIGIOUS   WORSHIP. 

Sec.  117.  Every  person  who  shall  willfully  dis- 
quiet or  disturb  any  congregation,  or  assembly  of 
people  met  for  religious  worship,  by  making  a  noise, 
or  by  rude  or  indecent  behavior,  or  profane  dis- 
course within  their  place  of  worship,  or  so  near  to 
the  same  as  to  disturb  the  order  or  solemnity  of  the 
meeting,  or  menace,  threaten,  or  assault  any  person 
there  being,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  punished  by  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county 
jaiJ  not  exceeding  three  months. 


California,  15 

Sec.  118.  Every  person  who  shall  erect  or  keep 
a  booth,  tent,  stall,  or  other  contrivance,  for  the 
purpose  of  selling  or  otherwise  disposing  of  any 
wine,  spirituous  or  intoxicating  liquors,  or  any  drink 
of  which  wines,  spirituous  or  intoxicating  liquors 
form  a  part,  or  for  selling  or  otherwise  disposing 
of  any  other  article  or  articles  of  merchandise, 
trade,  or  profit,  or  who  shall  peddle,  or  hawk  about, 
or  sell  any  such  drink,  article,  or  articles,  within  one 
mile  of  any  camp  or  field  meeting  for  religious  wor- 
ship, during  the  time  of  holding  such  meeting,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  be  pun- 
ished by  a  fine  of  not  less  than  five  nor  more  than 
five  hundred  dollars ;  provided  that  nothing  in  this 
act  contained  shall  in  anywise  affect  the  right  of 
any  person  or  persons  carrying  on  a  regular  busi- 
ness in  the  sale  of  liquors,  or  other  article  of  mer- 
chandise, trade,  or  profit,  wholesale  or  retail,  in  any 
store,  or  otherwise,  already  established,  previous  to 
the  appointment  of  such  religious  meeting,  as  de- 
scribed in  this  act. 


Chapter   I  I  I.  — C  o  1  o  r  a  d  o. 

Kevised  Statutes  of  1868.— Chapter  15. 
How  Organized — Powers  of  Trustees — Taxation. 

Sec.  I.  Whenever  three  or  more  citizens  of  this 
territory  belonging  to  any  religious  society  shall 
desire  that  said  society  may  enjoy  the  secular  pow- 
ers of  bodies    corporate,   and    shall   subscribe  and 


1 6      Laws  Relating  to  Religious  Corporations, 

acknowledge,  before  any  officer  authorized  to  take 
acknowledgments  of  deeds,  and  cause  to  be  record- 
ed, in  the  recorder's  office  of  the  county  in  which 
such  society  is  located,  a  united  declaration  of  the 
names  of  such  society  and  the  names  of  its  trustees; 
the  said  society  shall  thereupon  become  vested  with 
the  powers  and  succession  of  bodies  corporate,  to 
acquire  and  hold  real  and  personal  property  not 
exceeding  fifty  thousand  dollars  in  value,  for  the 
purposes  of  such  religious  society ;  to  convey  and 
transfer  the  same  for  such  purposes;  and  to  sue  and 
be  sued  in  the  declared  name  of  such  society  in  all 
the  courts  of  this  territory. 

Sec.  2.  The  trustees  of  any  religious  society,  or 
a  majority  of  them,  which  has  complied  with  the 
foregoing  section,  shall  have  authority  to  exercise 
the  powers  hereby  conferred  upon  such  society,  ac- 
cording to  the  ordinances,  discipline,  and  usages 
of  such  society,  in  respect  to  its  temporal  affairs. 

Sec.  3.  All  real  and  personal  property  held  by  any 
religious  society  exclusively  for  its  purpose,  which 
has  complied  with  the  provisions  of  this  chapter,  shall 
be  exempt  from  ordinary  taxation  to  an  amount  not 
over  ten  thousand  dollars. 


Connecticut*  \J 


Chapter    I  V.— C  o  n  n  e  c  t  i  c  u  t. 

Eevised  Statutes  of  1875. — General  Provisions. 

General  Rights  of  Societies — How  Formed — Membership — How 
Acquired  and  Terminated — Election  of  Members — Annual  Meet- 
ings— Special  Meetings — Officers — Vacancies — Powers  of  Societies 
— Location  of  Churches — Taxes — How  Laid  and  Collected — Right 
of  Voting — Pews  Assessed  and  Sold — Offenses. 

Sec.  I.  Christians  of  every  denomination,  and 
Jews,  may  unite  to  form  religious  societies ;  and 
societies  incorporated  or  formed  by  voluntary  asso- 
ciation for  public  religious  worship  shall  hold  and 
manage  all  property  belonging  to  them  appropri- 
ated to  the  use  and  support  of  public  worship,  and 
may  receive  any  grants  or  donations,  and  by  volun- 
tary agreement  establish  funds  for  the  same  object. 

Sec.  2.  When  any  person,  not  a  member  of  any 
other  religious  society,  shall  desire  to  join  any 
religious  society,  he  may  sign  and  lodge  with  its 
clerk,  or  if  there  be  no  clerk,  with  any  other  officer 
thereof,  a  written  declaration  of  his  desire  to  be- 
come a  member  of  it,  which  declaration  shall  be 
read  at  its  next  meeting,  and  thereupon  such  person 
shall  become  a  member  thereof,  unless  a  majority 
shall  at  such  meeting  manifest  their  dissent  thereto. 

Sec.  3.  Any  person  may  terminate  his  member- 
ship of  any  religious  society  by  giving  notice  in 
writing  of  his  intention  to  do  so  to  its  clerk,  or  if 
there  be  no  clerk,  to  any  other  officer  thereof.  And 
every  religious  society  may,  by  a  two-thirds  vote  of 
the  members  present,  at  any  annual  meeting,  termi- 
nate the  membership  of  any  member  who  shall  have 


1 8       Laius  Relating  to  Religious  Corporations. 

become  a  member  of  another  religious  society,  or 
who  shall  have  for  one  year  ceased  to  attend  the 
stated  public  religious  services  of  said  sooiety,  and 
shall  have  been  notified  of  the  proposed  action 
either  personally,  or  by  letter  addressed  to  him  at 
his  last-known  place  of  residence  by  the  clerk  or 
either  of  the  committee  of  such  society,  and  depos- 
ited in  the  post-office,  postage  paid,  not  less  than 
fifteen  days  before  the  time  of  holding  such  meet- 
ing. And  the  clerk  of  every  religious  society  shall 
prepare  and  keep  with  its  records  a  list  of  its  mem- 
bers, and  report  to  each  annual  meeting  the  names 
of  those  persons  whose  membership  shall  have 
terminated  as. above  provided. 

Sec.  4.  All  persons  who  have  heretofore  been 
elected  members  of  any  religious  society  in  this 
State  by  a  major  vote,  or  in  accordance  with  any 
established  custom  of  election  in  such  society,  and 
whose  membership  has  not  heretofore  terminated, 
shall  be  entitled  to  all  the  privileges,  and  liable  to 
all  the  duties,  appertaining  to  members  who  have 
been  elected  according  to  law. 

Sec.  5.  The  members  of  the  several  religious 
societies  may  annually  meet  at  the  usual  place  of 
holding  meetings,  or  at  such  place  as  they  shall 
establish,  upon  warning  and  notice  given,  at  least 
five  days  before  such  meeting,  by  the  committee 
of  the  society  or  congregation,  or  if  there  be  no 
committee,  by  the  clerk,  and  if  there  be  no  clerk, 
by  a  warrant  from  the  justice  of  the  peace,  upon 
application  of  five  or  more  members  of  the  society. 

Sec.  6.  A  special  meeting  of  any  religious  society 


Connecticut.  19 

may  at  any  time  be  warned  by  the  committee  of 
such  society,  and  shall  be  warned  by  such  commit- 
tee, or  if  there  be  no  committee,  by  the  clerk,  at 
any  time,  when  application  in  writing  for  that  pur- 
pose is  made  to  such  committee  or  clerk  by  ten 
members  of  such  society,  or  by  five  when  all  the 
members  do  not  exceed  twenty-five. 

Sec.  7.  The  warning  of  every  meeting  of  a  relig- 
ious society  shall,  in  the  absence  of  any  by-law  to 
the  contrary,  be  given  by  posting  the  same  on  a 
sign-post  in  the  town  nearest  where  they  usually 
meet  for  public  worship,  five  days  at  least  before 
said  meeting  ;  or  by  advertising  the  same  for  at 
least  five  days  before  said  meeting  in  a  daily  news- 
paper published  in  said  town  ;  or  in  the  manner 
which  shall  have  been  the  custom  of  said  society 
during  the  ten  years  next  preceding. 

Sec.  8.  Such  societies  shall,  at  their  annual  meet- 
ings, appoint  a  clerk,  who  shall  be  sworn  and  make 
entries  of  all  the  votes  of  the  society ;  three  or  more 
of  their  members  to  be  a  committee  to  order  the 
affairs  of  the  society  for  the  year  ensuing,  who  shall 
adjust  and  settle  all  the  claims  on  the  society,  and 
draw  orders  on  the  treasurer  for  the  payment  of  the 
same ;  a  treasurer  who  shall  receive  all  the  money 
belonging  to  the  society,  and  pay  over  the  same  to 
the  order  of  the  society,  or  its  committee,  and  ren- 
der his  account  therefor  when  required ;  and  two  or 
more  tithingmen,  who  shall  be  sworn. 

Sec.  9.  Vacancies  occurring  in  any  of  said  offices 
during  the  course  of  the  year  may  be  filled  at  any 
special  meeting. 


20      Latus  Relating  to  Religious  Corporations, 

Sec.  10.  Religious  societies  may  meet  when  nec- 
essary, and  adjourn  from  time  to  time ;  settle  min- 
isters according  to  the  usage  of  their  denomination ; 
repair  their  houses  of  worship ;  make  regulations 
for  the  support  of  religious  worship;  establish  the 
times  and  places  of  holding  their  meetings,  and  the 
mode  oi  warning  them  ;  and  appoint  committees  or 
agents  to  carry  into  effect  their  votes. 

Sec.  II.  Any  society  may,  by  a  two-thirds  vote 
of  the  members  present,  agree  to  build  a  house  of 
worship,  and  establish  the  place  where  it  shall  be 
erected;  or  may  apply  to  the  Superior  Court  in  the 
county  where  such  society  is  situated,  to  establish 
the  place ,  and  such  court  may  establish  the  place ; 
and  it  shall  not  then  be  lawful  to  erect  it  in  any 
other  place. 

Sec.  12.  Every  society  may  lay  a  tax  on  its  mem- 
bers to  build  and  repair  houses  of  worship  ;  to  pro- 
vide for  the  annual  support  of  the  ministry ;  and  to 
defray  any  other  expense  necessarily  incurred  in 
the  proper  business  of  such  society;  which  tax  may 
be  laid  on  the  assessment-list  last  before,  or  next 
thereafter  to  be,  completed  by  the  assessors  and 
board  of  relief,  and  shall  be  payable  within  one  year 
after  the  same  is  granted. 

Sec.  13.  The  members  of  each  society,  at  the  age 
of  twenty-one  years,  may  vote  in  its  meetings ;  and 
if  any  other  person  shall  intermeddle  or  vote  in  any 
meeting  thereof,  he  shall  forfeit  three  dollars  for 
every  such  offense,  half  to  him  who  shall  sue  there- 
for, and  half  to  the  society. 

Sec.  14.  Every  religious  society  may  provide  for 


Connecticut,  21 

the  support  of  public  worship,  in  whole  or  in  part, 
by  an  assessment  on  the  pews  of  its  church,  to  be 
made  by  the  society's  committee,  or  such  other 
persons  as  the  society  may  appoint,  the  payment 
of  which  may  be  enforced  by  the  sale  of  the  use  of 
any  such  pew  for  such  time  as  may  be  necessary,  on 
giving  twenty-one  days'  notice  in  a  newspaper  pub- 
lished in  the  town  where  said  church  is  situated,  or 
if  no  paper  is  published  in  said  town,  by  posting  a 
notice  on  the  door  of  said  church  ;  a  copy  of  which 
notice  shall  also  be  left  with  the  owner  of  said  pew, 
or  at  his  usual  place  of  abode,  if  within  this  State, 
at  least  twenty-one  days  before  such  sale ;  but  no 
other  estate  shall  be  liable  to  be  taken  for  the  pay- 
ment of  such  assessment.  No  such  assessment  shall 
be  made  upon  any  such  not  occupied  by  its  owner, 
or  by  some  person  claiming  under  him,  at  the  stated 
public  religious  services  in  said  house ;  and  no  such 
sale  shall  be  made,  unless  the  owner  of  such  pew 
shall  refuse  to  sell  it  to  the  society  at  the  price 
which  such  society  originally  received  therefor. 

Sec.  15.  If  the  owner  or  occupant  of  any  pew 
shall  neglect  or  refuse  to  pay  his  equitable  propor- 
tion of  the  expenses  of  maintaining  public  worship, 
the  society  may  recover  the  same  from  him  in  any 
proper  action. 

Sec.  16.  When  a  majority  of  the  pew  owners,  in 
any  house  of  public  worship,  shall  desire  to  sell  and 
transfer  to  the  religious  society  connected  therewith 
their  respective  pews,  for  the  purpose  of  supporting 
public  worship  in  such  house,  and  any  other  pew- 
holders  refuse  to  sell  their  respective  pews  to  such 


22       Laws  Relating  to  Religious  Corporations, 

society,  or  cannot  agree  with  such  society  upon  the 
price  to  be  paid  for  such  pews,  such  society  may 
bring  its  petition  to  the  Superior  Court,  against  the 
person  or  persons  refusing  to  sell,  or  failing  to  agree 
upon  a  price  to  be  paid  as  aforesaid ;  and  if  said 
court  shall  find  that  it  will  be  for  the  convenience 
and  necessity  of  such  society  to  own  such  pews  for 
said  purpose,  the  court  shall  proceed  to  ascertain 
the  value  thereof,  and  may  make  such  order  relative 
thereto,  and  to  the  cost  of  such  proceeding,  as  shall 
be  deemed  just ;  and  when  such  society  shall  have 
paid  to  such  pew-owners  the  amounts  awarded  to 
them  respectively,  or,  on  their  refusal  to  accept  the 
same,  shall  have  deposited  the  same  for  their  use, 
with  the  clerk  of  the  court,  the  title  to  said  pews 
shall  be  then  vested  in  said  society. 

Sec.  17.  When  any  society  is  constituted  out  of 
two  or  more  adjoining  towns,  so  that  part  of  the 
society  in  any  such  town  has  distinct  interests  in 
any  grants,  donations,  or  sequestrations  for  the 
support  of  the  ministry,  such  part  of  the  society 
shall  have  the  same  power  and  authority  to  manage 
said  interests  which  are  herein  given  to  societies, 
and  may  in  the  same  manner  warn  meetings  of 
such  part  of  a  society,  and  appoint  a  clerk,  who 
shall  be  sworn,  and  a  committee  to  take  care  of  said 
interests. 

Sec.  18.  No  grant,  sale,  or  lease  of  any  pews,  in 
any  house  of  worship,  for  more  than  one  year,  shall 
be  good,  as  against  any  person  but  the  grantor, 
lessor,  and  his  heirs,  unless  made,  executed,  and 
acknowledged  as  deeds  of  land,  and    recorded  at 


Connecticut,  23 

length  by  the  clerk  of  such  county  in  a  book  to  be 
kept  for  that  purpose,  who  shall  record  the  same, 
and  receive  the  same  compensation  therefor  as  town 
clerks  for  recording  deeds. 

SOCIETIES  OF  PARTICULAR  DENOMINATIONS. 

Sec.  I.  The  wardens  and  vestrymen  of  societies 
connected  with  the  Protestant  Episcopal  Church 
shall  be  a  society's  committee,  with  all  the  powers 
granted  to  committees  of  religious  societies. 

Sec.  2.  All  conveyances  of  property  that  have 
been  or  shall  be  made  to  the  trustees  of  any  Meth- 
odist Episcopal  Church,  or  Union  American  Church, 
and  to  their  successors  in  office,  according  to  the 
usages,  rules,  and  discipline  of  said  Churches,  shall 
be  effectual  in  law  to  convey  such  property  to  said 
trustees  respectively,  and  their  successors  in  office, 
for  the  uses  and  purposes  in  such  conveyance  ex- 
pressed. 

Sec.  3.  The  trustees  of  any  Methodist  Episcopal 
Church,  or  Union  American  Church,  shall  be  elected 
by  ballot,  by  the  male  members  of  the  Church  of 
legal  age,  on  the  first  Monday  of  September  of  each 
year,  at  the  usual  place  of  worship  of  said  church, 
of  which  public  notice  shall  be  given  from  the  pul- 
pit thereof  at  least  two  Sundays  preceding,  or  by 
posting  notice  thereof,  by  the  clerk  of  the  board 
of  trustees,  on  the  door  of  the  place  of  worship,  at 
least  fifteen  days  next  preceding  the  time  of  elec- 
tion. The  polls  of  such  election  shall  remain  open 
at  least  one  hour  after  the  time  designated  in  the 
notice  thereof;  and  in  case  of  failure  to  elect  on  the 


24      Laws  Relating  to  Religious  Corporations, 

day  named  in  this  section,  the  election  may  be  held 
on  any  subsequent  day  of  the  same  month  by  giv- 
ing legal  notice  thereof;  and  if  a  vacancy  should 
occur,  it  may  be  filled  at  any  special  meeting  called 
for  that  purpose  by  giving  the  notice  provided  in 
this  section.  And  at  each  election  there  shall  be 
appointed,  by  the  electors  present,  a  chairman  and 
clerk,  who  shall  act  jointly  as  inspectors  of  election, 
receive  and  count  the  votes  for  such  trustees,  and 
certify  under  oath  who  have  received  the  majority 
of  votes,  which  certificate  shall  be  deposited  with, 
and  kept  on  file  by,  the  town  clerk. 

Sec.  4.  The  number  of  trustees  shall  in  no  case 
be  more  than  nine,  nor  less  than  three,  which  shall 
be  decided  by  a  majority  of  the  electors  at  the 
first  election,  and  before  the  votes  for  trustees  are 
cast,  and  shall  remain  the  same,  unless  changed  by 
two-thirds  present  and  voting  at  any  subsequent 
election. 

Sec.  5.  At  the  first  election  the  inspectors  shall 
determine  by  lot,  and  as  nearly  as  practicable  in 
equal  numbers,  who  of  those  elected  shall  serve  for 
one,  two,  or  three  years ;  and  at  each  election  there- 
after the  electors  shall  elect  trustees  for  three  years, 
to  fill  the  vacancy  of  those  whose  term  of  office  has 
expired. 

Sec.  6.  At  their  first  meeting  after  each  election 
the  trustees  shall  from  their  number  elect  a  presi- 
dent, a  treasurer,  and  a  clerk,  and  shall  meet  there- 
after at  such  times  as  they  may  designate,  make 
by-laws  and  keep  records  of  their  action,  signed  by 
the  clerk,  and   shall  be  a  corporation   in  trust  to 


Connecticut,  25 

receive,  hold,  sell,  and  convey  any  property  for  the 
benefit  of  their  church,  according  to  the  discipline 
and  usages  of  the  religious  denomination  to  which 
it  belongs. 

Sec.  7.  When  the  members  of  any  Methodist 
Episcopal  Church  shall  fail  to  elect  trustees,  as 
above  provided,  the  Quarterly  Conference  of  said 
Church  may  fill  the  vacancy,  as  may  be  prescribed 
in  the  Discipline  of  said  Church. 

Sec.  8.  All  conveyances  of  property  that  have 
been,  or  shall  be,  made  by  or  to  the  trustees  of  the 
community  in  Enfield  called  Shakers,  for  the  time 
being,  duly  executed  by  them  in  the  manner  pre- 
scribed by  law,  shall  be  good  and  effectual  to  con- 
vey the  property  therein  described  to  the  purchaser 
thereof;  and  all  suits  brought  by  said  community 
may  be  brought  and  maintained  in  the  names  of  the 
trustees  of  said  community  for  the  time  being ;  and 
any  demand  against  said  community  may  be  in  like 
manner  enforced  by  suit  against  said  trustees  for 
the  time  being ;  and  in  case  any  or  all  of  said  trust- 
ees should  die,  or  be  removed  from  office,  during 
the  pendency  of  any  such  suit,  it  shall  not  for  that 
cause  abate  ;  but  such  death  or  removal  being  sug- 
gested upon  the  record,  it  may  be  prosecuted  to  final 
judgment  by  or  against  their  successors  in  office. 

Sec.  9.  Said  community  are  hereby  required  to 
file,  in  the  office  of  the  town  clerk  of  Enfield,  the 
names  of  their  trustees,  and  the  date  of  their  ap- 
pointment; and  a  return  of  any  change  in  the  office 
of  trustees  shall  be  filed  in  the  same  manner. 

Sec.  10.  A  corporation  may  be  organized  in  con- 


26      Laws  Relating  to  Religious  Corporations, 

nection  with  any  Roman  Catholic  Church  or  con- 
gregation in  this  State,  by  fihng  in  the  office  of  the 
secretary  a  certificate  signed  by  the  bishop  and  the 
vicar-creneral  of  the  Diocese  of  Hartford,  and  the 
pastor  and  two  laymen  belonging  to  said  congrega- 
tion, stating  that  they  have  so  organized  for  the 
purposes  hereinafter  mentioned ;  and  such  bishop, 
vicar-general  and  pastor  of  such  congregation  shall 
be  members  ex  officio  of  such  corporation,  and  upon 
their  death,  resignation,  removal,  or  preferment, 
their  successors  in  office  shall  become  such  mem- 
bers in  their  stead.  The  two  lay  members  shall  be 
appointed  annually  by  the  committee  of  the  con- 
gregation ;  and  three  members  of  this  corporation, 
of  which  one  shall  be  a  layman,  shall  constitute  a 
quorum  for  the  transaction  of  business. 

Sec.  II.  Such  corporation  may  receive  and  hold 
all  property  conveyed  to  it  for  the  purpose  of  main- 
taining religious  worship,  according  to  the  doctrine, 
discipline,  and  ritual  of  the  Roman  Catholic  Church, 
and  for  the  support  of  the  educational  or  charitable 
institutions  of  that  Church ;  provided,  that  no  one 
incorporated  congregation  shall  at  any  time  possess 
an  amount  of  property,  excepting  church  buildings, 
parsonages,  school-houses,  asylums,  and  cemeteries, 
the  annual  income  from  which  shall  exceed  three 
thousand  dollars. 

Sec.  12.  Such  corporation  shall  at  all  times  be 
subject  to  the  general  laws  and  discipline  of  the 
Roman  Catholic  Church,  and  shall  receive  and  enjoy 
its  franchises  as  a  body  politic  solely  for  the  pur- 
poses   mentioned    in    the    preceding   section ;   and 


Connecticut.  27 

upon  the  violation  or  surrender  of  its  charter,  its 
property,  real  and  personal,  shall  vest  in  the  bishop 
of  the  diocese  and  his  successors,  in  trust  for  such 
congregation  and  for  the  uses  and  purposes  above 
named. 

OFFENSES  AGAINST  DECENCY. 

Sec.  13.  Any  person  not  authorized  by  the  com- 
mittee of  a  public  assembly,  convened  for  religious 
worship  in  the  field,  who  shall,  within  two  miles  of 
such  assembly,  sell,  or  expose  for  sale,  from  any 
wagon  or  temporary  stand,  any  article  of  provisions, 
shall  be  fined  seven  dollars. 


Chapter   V.  —  D  e  1  a -w^  a  r  e. 

Eevised  Statutes  of  1852— Chapter  89. 

Mode  of  Incorporation — Trustees — How  Elected — Powers — Vacan- 
cies, how  Filled — Records — Protestant  Episcopal  Church — Deeds, 
etc.,  must  be  Executed  One  Year  before  Decease. 

Sec.  I.  Any  religious  society,  or  congregation  of 
Christians,  consisting  of  fifteen  or  more  persons, 
may  become  incorporated  by  the  election  of  trust- 
ees, not  less  than  three  nor  more  than  twelve,  the 
taking  a  name  and  certifying  the  same,  under  the 
hands  and  seals  of  said  trustees,  to  the  recorder 
of  deeds. 

Sec.  2.  Such  trustees  shall  be  elected  at  a  pub- 
lic meeting  of  the  society  or  congregation,  held 
at  their  usual  place  of  worship,  on  ten  days'  no- 
tice, by  advertisement  on  the  front  door  of  such 


28       Laws  Relating  to  Religious  Corporations, 

place,  and  by  a  plurality  of  voters  of  the  members 
present. 

Sec.  3.  The  trustees  so  elected,  and  their  suc- 
cessors, shall  be  a  corporation,  by  the  name  so 
adopted  and  certified ;  shall  have  perpetual  succes- 
sion, with  all  the  incidents  and  franchises  of  a  cor- 
poration aggregate,  and  with  power  to  purchase, 
receive,  hold  and  enjoy  property,  real  and  personal, 
for  the  use  of  said  society  or  congregation,  their 
ministers  or  members,  or  for  schools,  almshouses, 
or  burying-grounds.  The  acts  of  a  majority  of  the 
trustees  shall  be  valid. 

Sec.  4.  All  the  estate,  right  and  title  which  any 
such  society  or  congregation  may  have  in  any  prop- 
erty, real  or  personal,  in  themselves,  or  by  trustee, 
or  for  their  use,  before  incorporation,  shall,  upon 
incorporation,  become  vested  in  the  trustees,  who 
may  grant,  demise,  or  dispose  thereof. 

Sec.  5.  Other  trustees  maybe  elected,  and  vacan- 
cies filled  by  election,  as  prescribed  in  section  two, 
and  the  election  of  a  successor  shall  remove  him 
from  office. 

Sec.  6.  The  trustees  shall  choose  one  of  their 
number  chairman.  He  shall  have  custody  of  the 
seal,  and  all  books  and  papers  of  the  corporation  ; 
he  shall  make  fair  entries  in  the  books  of  all  the 
proceedings  of  the  trustees,  and  every  member 
of  the  society  or  congregation  shall  have  access 
thereto. 

Sec.  7.  The  registry  kept  in  any  such  books,  of 
marriages,  births,  deaths,  or  burials,  shall  be  evi- 
dence  in  all   courts  ;    and  the  copy  of  any  entry, 


Delaware.  29 

certified  under  the  corporate  seal  and  hand  of  the 
chairman,  shall  be  evidence. 

Sec.  8.  The  trustees  may  also  choose  one  of  the 
number  treasurer,  and  may  require  him  to  give 
security.  He  shall  receive  and  account  for  all  the 
money  of  the  corporation.  If  no  treasurer  be 
chosen,  the  chairman  shall  receive  and  account  for 
such  money. 

Sec.  9.  The  rector,  wardens,  and  vestrymen  of 
any  Protestant  Episcopal  Church,  on  certifying  their 
name  or  style,  as  provided  in  section  one,  shall  be  a 
corporation,  with  the  franchises,  rights,  and  powers 
herein  vested  in  trustees  of  other  religious  societies. 

Sec.  10.  But  all  gifts  or  grants  to  any  such  cor- 
poration of  any  real  estate,  or  of  money  securities, 
or  other  thing  of  value,  to  be  laid  out  in  real  estate, 
shall  be  by  deed  duly  executed,  delivered,  acknowl- 
edged and  recorded,  at  least  one  year  before  the 
death  of  the  donor  or  grantor,  to  take  effect  pres- 
ently for  the  use  of  the  corporation  ;  and  without 
any  power  of  revocation,  trust,  condition,  or  limita- 
tion whatever,  or  the  same  shall  be  void,  unless 
such  grant  shall  be  really  and  bona  fide  for  a  full  and 
valuable  consideration  actually  paid,  without  fraud 
or  collusion,  before  executing  such  deed. 

Sec.  II.  The  yearly  rents  and  profits  of  the 
whole  real  estate  held  or  enjoyed  by  or  for  such 
corporation,  shall  not  exceed  three  hundred  dol- 
lars ;  and  the  yearly  interest  or  income  of  all  its 
personal  property  shall  not  exceed  six  hundred 
dollars. 

Sec.  12.  All  real  estate  bona  fide  given  or  granted 
4 


30       Laivs  Relating  to  Religious  Corporations, 

by  will,  deed,  or  other  conveyance,  to  any  religious 
society  or  congregation,  or  to  any  one  in  trust  for 
them,  or  to  their  use,  before  the  twentieth  day  of 
October,  1744,  shall  be  for  the  use  of  the  same,  ac- 
cording to  the  intent  of  the  donor  or  grantor,  and 
the  form  and  effect  of  the  will,  deed,  or  convey- 
ance ;  provided  the  said  society  or  congregation 
shall  have  been  for  twenty  years  hitherto  in  the 
adverse  and  quiet  possession  of  the  same. 

Eevised  Statutes  of  1852.— Chapter  131. 
DISTURBING    RELIGIOUS    WORSHIP. 

If  any  person  shall  willfully  interrupt,  disturb,  or 
molest  any  church,  meeting,  congregation,  or  soci- 
ety assembled  for  the  purpose  of  religious  worship, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  fined  not  less  than  eight  nor  more  than 
sixty  dollars. 


Chapter  VI. — District  of  Columbia. 

Chapter  80,  U.  S.  Laws  of  1870.— Section  2. 

Religious  Societies  may  receive  and  hold  One  Acre  of  Land — 
Trustees  to  hold  Title — Certificate — Powers  of  Trustees — Convey- 
ances— Vacancies — Removal  of  Trustees — Property  reverts  on  Disso- 
lution— Trustees  hold  until  Successors  are  Elected — Private  Schools. 

That  it  shall  be  lawful  for  the  members  of  any 
society  or  congregation  heretofore  formed  in  this 
District  for  the  purposes  of  religious  worship,  and 
for  members  of  any  society  or  congregation  which 
may  hereafter  be  formed  for  the  purpose  aforesaid, 
to  receive  by  gift,  devise,  or  purchase,  a  quantity 


District  of  Columbia.  3 1 

of  land  not  exceeding  one  acre,  and  to  erect  or 
build  thereon  such  houses  and  buildings  as  they 
may  deem  necessary  for  the  purposes  aforesaid,  and 
to  make  such  other  use  of  the  land,  and  make  such 
other  improvements  thereon  as  may  be  deemed 
necessary  for  the  comfort  and  convenience  of  such 
society  or  congregation ;  and  such  society  or  con- 
gregation may  assume  a  name,  and  elect  or  appoint 
any  number  of  trustees,  not  exceeding  ten,  who 
shall  be  styled  trustees  of  such  society  or  congre- 
gation by  the  name  assumed ;  and  the  title  to  the 
land  purchased,  and  improvements  made,  shall  be 
vested  in  the  trustees  by  the  name  and  style  assumed 
as  aforesaid. 

Immediately  after  the  election  or  appointment 
of  trustees  by  any  society  or  congregation  as  afore- 
said, the  persons  elected  or  appointed  shall  make  a 
certificate  under  their  hands  and  seals,  stating  the 
date  of  their  election  or  appointment,  the  name 
of  the  society  or  congregation,  and  length  of  time 
for  which  they  were  elected  or  appointed,  which 
shall  be  verified  by  the  affidavit  of  some  one  of  the 
persons  making  the  same,  and  shall  be  filed  and 
recorded  in  the  office  of  the  register  of  deeds  in 
said  District,  and  the  said  trustees  shall  hold  their 
office  for  and  during  the  period  stated  in  the  cer- 
tificate aforesaid.  At  the  expiration  of  their  term 
of  service,  and  forever  thereafter  at  the  expiration 
of  the  term  of  service  of  any  trustee  elected  or  ap- 
pointed as  aforesaid,  the  said  society  or  congrega- 
tion shall  elect  or  appoint  successors,  who  shall  in 
like  manner  continue  in  office  for  such  period  as 


32       Laws  Relating  to  Religious  Corporations, 

may  be  limited  by  the  society  or  congregation ;  and 
a  certificate  of  their  appointment  or  election  shall 
be  made  by  the  trustees,  whose  term  of  service  shall 
have  expired,  which  shall  be  verified  by  affidavit, 
and  filed  and  recorded,  as  provided  in  the  election 
of  officers  in  the  first  instance. 

The  trustees,  elected  or  appointed  under  the 
provisions  of  this  division,  and  their  successors, 
shall  have  perpetual  succession  and  existence ;  and 
the  title  to  land  herein  authorized  to  be  purchased, 
and  to  the  building  and  improvements  thereon, 
shall  be  vested  in  the  said  trustees  by  their  as- 
sumed name,  and  their  successors  forever ;  and  the 
same  shall  be  held  for  the  uses  and  purposes  herein 
named,  and  no  other;  and  such  trustees  shall  be 
capable  in  law  to  sue  and  be  sued,  implead  and  be 
impleaded,  answer  and  be  answered  unto,  defend 
and  be  defended,  in  all  courts  of  law  or  equity 
whatsoever,  in  and  by  the  name  and  style  assumed 
as  aforesaid ;  and  shall  have  power,  under  the  di- 
rection of  the  society  or  congregation,  to  sell  and 
execute  deeds  and  conveyances  of,  and  concerning 
the  estate  and  property  herein  authorized  to  be 
held  by  said  society  or  congregation ;  and  such 
deeds  or  conveyances  shall  have  the  same  effect  as 
like  deeds  or  conveyances  by  natural  persons :  pro- 
vided^ that  no  deed  or  conveyance  shall  be  made 
of  any  estate  held  as  aforesaid,  so  as  to  defeat  or 
destroy  the  interest  or  effect  of  any  grant,  do- 
nation, or  bequest  which  may  be  made  to  any 
such  society  or  congregation  ;  but  all  grants,  dona- 
tions, and  bequests  shall  be  appropriated  and  used. 


District  of  Columbia.  33 

as  directed  by  the  person  or  persons  making  the 
same. 

Every  society  or  congregation  formed  as  afore- 
said, shall  have  power  to  provide  for  filling  vacan- 
cies which  may  happen  in  the  office  of  trustee,  and 
also  to  remove  trustees  from  office,  and  to  adopt 
such  rules  and  regulations  in  relation  to  the  duties 
of  trustees,  and  the  management  of  its  estate,  as  the 
members  may  deem  proper,  not  inconsistent  with 
the  Constitution  of  the  United  States  and  laws  in 
force  in  the  District  of  Columbia. 

Upon  the  dissolution  of  any  society  or  congrega- 
tion formed  under  the  provisions  of  this  division, 
the  estate  and  property  of  such  society  or  congre- 
gation shall  revert  back  to  the  persons,  their  heirs 
and  assigns,  who  may  have  contributed  to  the  pur- 
chase of,  or  payment  for,  the  same,  according  to 
their  respective  rights.  A  failure  to  elect  or  appoint 
trustees  at  any  time  when,  by  the  provisions  of  this 
division,  such  election  or  appointment  should  be 
had,  shall  not  work  a  dissolution  of  the  society  or 
congregation ;  but  the  trustees  last  elected  or  ap- 
pointed shall  be  considered  as  in  office  until  another 
election  or  appointment  shall  take  place. 

The  trustees  now  in  office,  or  those  who  may 
hereafter  be  appointed  or  elected  under  the  pro- 
visions of  this  division,  shall  have  power,  under  the 
direction  of  the  society  or  congregation  by  whom 
they  were  elected  or  appointed,  to  execute  mort- 
gages, or  deeds  of  trust  in  the  nature  of  mortgages, 
of  and  concerning  the  estate  and  property,  which 
any  society  or  congregation  are  authorized  by  this 


34      Laws  Relating  to  Religious  Corporations. 

division  to  hold,  or  to  lease  the  same,  for  a  term 
not  exceeding  ten  years.  And  such  mortgages, 
deeds,  and  conveyances  shall  have  the  same  effect, 
and  be  enforced  by  the  same  remedies  and  proceed- 
ings as  like  mortgages,  deeds,  leases,  and  convey- 
ances made  by  natural  persons,  any  thing  in  this 
division  to  the  contrary  notwithstanding. 

The  provisions  of  this  division  are  intended  to 
extend  to  members  of  societies,  heretofore  or  here- 
after to  be  formed,  for  the  purpose  of  establishing  and 
maintaining  private  schools  for  religious  purposes. 

This  act  shall  not  be  so  construed  as  conferring 
privileges,  or  any  benefits  to  such  societies  under 
the  school  laws  of  this  district. 


Chapter   V  I  I .  — F  1  o  r  i  da. 

Thompson's  Digest,  Title  8.— Chapter  11. 

How  to  Incorporate — Powers — Property  of  Religious  Societies — 
Disturbing  Worship. 

Sec.  I.  The  members  of  any  society  or  congre- 
gation formed  for  purposes  of  religious  worship, 
may  receive,  by  gift,  devise,  or  purchase,  a  quantity 
of  land  not  exceeding  ten  acres,  and  erect  or  build 
thereon  such  houses  and  buildings  as  they  may 
deem  necessary  for  such  purposes,  and  make  such 
other  use  of  the  land,  and  make  such  other  im- 
provements thereon  as  may  be  deemed  necessary 
for  the  comfort  and  convenience  of  such  society  or 
congregation  ;  and  such  society  or  congregation 
may  assume  a  name,  and  elect  or  appoint  any  num- 
ber of  trustees,  not  exceeding  ten,  who  shall   be 


.     Florida.  35 

styled  trustees  of  such  society  or  congregation,  or 
wardens,  or  vestrymen  of  such  society  or  congrega- 
tion by  the  name  assumed,  and  the  title  to  the  land 
purchased  and  improvements  made  is  vested  in  the 
trustees  by  the  name  and  style  aforesaid. 

Sec.  2.  Immediately  after  the  election  or  appoint- 
ment of  trustees  by  any  such  society  or  congrega- 
tion, the  persons  elected  or  appointed  must  make  a 
certificate,  under  their  hands  and  seals,  stating  the 
date  of  their  election  or  appointment,  the  name  of 
their  society  or  congregation,  and  the  length  of  time 
for  which  they  were  elected  or  appointed,  which  must 
be  verified  by  the  affidavit  of  some  one  of  the  per- 
sons making  the  same,  and  must  be  recorded  in  the 
office  of  the  public  records  of  the  county  in  which 
such  society  or  congregation  may  be  formed ;  and  the 
trustees,  by  whatever  title  they  may  be  designated, 
must  hold  their  office  for  and  during  the  period 
stated  in  such  certificate.  At  the  expiration  of  their 
term  of  service,  and  forever  thereafter  at  the  expi- 
ration of  the  term  of  service,  of  any  trustee  elected 
or  appointed  as  aforesaid,  the  said  society  or  con- 
gregation must  elect  or  appoint  successors,  who  in 
like  manner  will  continue  in  office  for  such  period 
as  may  be  limited  by  the  society  or  congregation  ; 
and  a  certificate  of  their  election  or  appointment 
must  be  made  by  the  trustees  whose  term  of  serv- 
ice shall  have  expired  ;  which  must  also  be  verified 
by  affidavit,  and  recorded  as  provided  in  the  elec- 
tion or  appointment  of  trustees  in  the  first  instance. 

Sec.  3.  The  trustees  elected  or  appointed  as 
aforesaid,  and  their  successors,  will  have  perpetual 


36       Laivs  Relating  to  Religions  Corporations. 

succession  and  existence,  and  be  to  all  intents  and 
purposes  a  body  corporate.  The  title  to  land  au- 
thorized to  be  purchased  as  aforesaid,  and  to  the 
buildings  and  improvements  thereon,  becomes  vest- 
ed in  the  said  trustees  by  their  assumed  name,  and 
their  successors  forever;  and  the  same  must  be  held 
for  the  uses  and  purposes  in  this  chapter  named, 
and  no  other ;  and  such  trustees  are  made  capable 
in  law  to  sue  and  be  sued,  implead  and  be  implead- 
ed, answer  and  be  answered  unto,  defend  and  be 
defended  in  all  courts  of  law  or  equity  whatsoever, 
in  and  by  the  name  and  style  as  aforesaid ;  and  they 
have  power,  under  the  direction  of  the  society  or 
congregation,  to  execute  deeds  and  conveyances  of 
and  concerning  the  estate  and  property  authorized 
to  be  held  by  such  society  or  congregation,  and 
such  deeds  and  conveyances  will  have  the  same 
effect  as  like  deeds  and  conveyances  made  by  nat- 
ural persons.  No  deed  or  conveyance,  however, 
can  be  made  of  any  estate  as  aforesaid,  so  as  to 
defeat  or  destroy  the  interest  or  effect  of  any  grant, 
donation,  or  bequest  which  may  be  made  to  any 
such  society  or  congregation.  All  grants,  dona- 
tions, and  bequests  to  such  society  or  congregation 
must  be  appropriated  and  used  as  directed  by  the 
person  or  persons  making  the  same. 

Sec.  4.  Every  society  or  congregation  formed  as 
in  this  chapter  provided,  has  power  to  provide  for 
filling  vacancies  which  may  happen  in  the  office  of 
trustee,  warden,  vestrymen,  or  office  of  like  nature; 
and  also  to  remove  such  persons  from  office,  and 
to  adopt  such  rules  and  regulations  in  relation  to 


Florida.  37 

the  duties  of  trustees,  and  the  management  of  its 
estate,  as  to  the  members  may  seem  proper,  not 
inconsistent  with  the  Constitution  and  laws  of  the 
State,  or  of  the  United  States. 

Sec.  5.  Upon  the  dissolution  of  any  society  or 
congregation  formed  under  the  provisions  of  this 
chapter,  the  estate  and  property  of  such  society  or 
congregation  will  revert  back  to  the  persons,  their 
heirs  and  assigns,  who  may  have  given  or  contrib- 
uted to  the  purchase  of  or  payment  for,  the  same, 
according  to  their  respective  rights.  A  failure  to 
elect  or  appoint  trustees,  or  other  officers,  at  any 
time  when,  by  the  provisions  in  this  chapter  speci- 
fied, such  election  or  appointment  should  be  made, 
will  not  work  a  dissolution  of  the  society  or  congre- 
gation; but  the  trustees,  wardens,  or  vestrymen  last 
elected  or  appointed  will  be  considered  as  in  office 
until  another  election  or  appointment  shall  take 
place. 

Bush's  Digest  of  1ST2.— Chapter  48. 
OFFENSES. 

Sec.  19.  Whoever  willfully  interrupts  or  disturbs 
any  assembly  of  people  met  for  the  worship  of  God, 
shall  be  punished  by  imprisonment  in  the  county 
jail  not  exceeding  thirty  days,  or  by  fine  not  ex- 
ceeding fifty  dollars. 

Sec.  20.  Whoever,  during  the  time  of  holding 
any  camp  or  field  meeting  for  religious  purposes, 
and  within  one  mile  of  the  place  of  holding  such 
meeting,  hawks  or  peddles  goods,  wares,  merchan- 
dise, or,  without  permission  from  the  authorities 
having  charge  of  such  meeting,  establishes  any  tent 


38       Laws  Relating  to  Religious  Corporations. 

or  booth  for  vending  provisions  or  refreshments,  or 
practices  or  engages  in  gaming,  or  horse-racing,  or 
exhibits,  or  offers  to  exhibit,  shows  or  plays,  shall 
forfeit,  for  each  offense,  a  sum  not  exceeding  twenty 
dollars ;  provided,  that  a  person  having  his  regular 
and  usual  place  of  business  within  such  limits  is 
not  hereby  required  to  suspend  his  business. 


Chapter   V  I  I  I .  — G  e  o  r  g  i  a. 

Cobb's  Digest  of  the  Laws  of  Georgia,  542. 

Methods  —  Change  of  Name — Conveyances  —  Vacancies  —  How 
Filled — Form  of  Petition  and  Order — Disturbing  Worship. 

Sec.  I.  When  the  persons  interested  may  desire 
a  church  or  camp-meeting  ground  incorporated, 
they  may  petition,  in  writing,  the  Superior  or  Infe- 
rior Court  of  the  county  in  which  such  association 
may  have  been  formed,  setting  forth  the  object  of 
their  association  and  the  privilege  they  desire  to  ex- 
ercise, together  with  the  name  and  style  by  which 
they  desire  to  be  incorporated  ;  and  said  court  are 
thereupon  required  to  pass  a  rule  or  order  direct- 
ing such  petition  to  be  entered  of  record  on  the 
minutes  of  said  court ;  whereupon  such  church  or 
camp-ground  becomes  a  body  corporate. 

Sec.  2.  When  such  church  or  camp-ground  be- 
comes incorporated  as  aforesaid,  it  has  power,  under 
and  by  the  name  designated  in  the  said  petition,  to 
have  and  use  a  common  seal,  to  contract  and  be 
contracted  with,  to  sue  and  be  sued,  to  answer  and 
be  answered  unto,  in  any  court  of  law  or  equity, 


Georgia.  39 

to  appoint  such  officers  as  it  may  deem  necessary, 
and  to  make  such  rules  and  regulations  as  such  cor- 
poration may  think  proper  for  its  own  government, 
not  contrary  to  the  laws  of  the  State ;  but  it  can 
make  no  contracts,  or  purchase  or  hold  any  property 
of  any  kind,  except  such  as  may  be  absolutely  neces- 
sary to  carry  into  effect  the  objects  of  the  incor- 
poration. 

Sec.  3.  No  such  church  or  camp-ground  can  be 
incorporated  in  the  manner  aforesaid  for  a  longer 
period  than  fourteen  years,  though  the  same  may 
be  renewed  whenever  necessary,  in  the  same  manner 
as  is  provided  for  the  original  incorporation.  The 
clerk  of  the  court  is  entitled  to  a  fee  of  five  dollars 
for  entering  the  petition  and  order  on  the  minutes 
of  the  court  and  furnishing  copy  thereof;  such  certi- 
fied copy  is  made  evidence  of  the  matters  therein 
stated  in  any  court  of  law  or  equity  in  the  State. 

Sec.  4.  All  deeds  of  conveyance,  made  by  any 
person  or  persons,  for  any  lots  of  land  within  the 
State,  to  any  Church  or  religious  society,  or  to  trust- 
ees for  the  use  of  any  Church  or  religious  society, 
for  the  purpose  of  erecting  churches  or  meeting- 
houses, are  deemed  and  taken  to  be  good  and  valid, 
and  available  in  law  for  the  interests,  uses,  and  pur- 
poses contained  in  such  deeds  of  conveyance,  and  all 
lots  of  land  so  conveyed  are  fully  and  absolutely 
vested  in  such  church,  or  religious  society,  or  in 
their  respective  trustees,  for  the  uses  and  purposes 
in  the  said  deed  expressed;  to  be  holden  to  them,  or 
their  trustees  for  their  use,  by  succession,  according 
to  the  mode  of  Church  government  or  rules  of  disci- 


40       Laws  Relating  to  Religious  Corporations. 

pline  exercised  by  such  Churches  or  religious  soci- 
eties respectively. 

Sec.  5.  All  trustees  to  whom  conveyances  are 
made,  for  the  purposes  in  the  last  preceding  section 
expressed,  are  made  subject  to  the  authority  of  the 
Church  or  religious  society  for  which  they  hold  the 
same  in  trust,  and  may  be  expelled  from  the  said 
trust  by  such  Church  or  society,  according  to  the 
form  of  government  or  rules  of  discipline  by  which 
they  may  be  governed.  And  every  such  Church  or 
religious  society  are  authorized  and  empowered  to 
fill  up  all  vacancies  which  may  happen  in  the  said 
trusts  by  death,  removal,  expulsion,  or  otherwise; 
and  when  any  vacancy  is  filled  up  the  same  must  be 
certified,  under  the  hand  or  hands  of  the  person  or 
persons  presiding  in  the  said  society,  and  according 
to  the  form  of  government  or  discipline  practiced 
by  the  said  Church  or  society;  which  certificate 
must  express  the  name  of  the  person  appointed  to 
fill  the  vacancy,  and  the  name  of  the  person  in 
whose  place  he  may  be  appointed ;  and  on  the  cer- 
tificate being  recorded  in  the  office  of  the  clerk  of 
the  Superior  Court  of  the  county  in  which  the  land 
lies,  the  person  so  appointed  to  fill  such  vacancy  be- 
comes as  fully  vested  with  such  trust  as  if  a  party 
to,  and  named  in,  the  original  deed. 

Sec.  6.  The  lots  or  parcels  of  land  on  which  the 
churches  of  the  different  denominations  in  the  State, 
and  the  burying  grounds  attached  thereto,  are  not 
subject  to  taxation  for  any  purpose,  though  the  lots 
or  parcels  of  land  claimed  by  such  Churches  must 
not  exceed  five  acres. 


Georgia,  41 

Sec.  7.  The  form  of  the  petition  to  become  incor- 
porated as  a  religious  society  may  be  as  follows : — 

''  To  the  Honorable  the  Superior  Court  of  the  County 

of  Richmond : — 

"The  petition  of  the  undersigned  respectfully 
shows  that  they  are  interested  in  a  Christian  Church 
association,  and  desire  the  same  to  be  incorporated. 
That  the  said  association  was  formed,  and  is  located 
in  the  city  of  Augusta,  County  of  Richmond.  That 
the  object  of  such  association  is  to  sustain  divine 
worship  and  support  the  gospel  ministry  according 
to  the  rites  of  the  Presbyterian  Church  in  the 
United  States.  That  they  desire  to  exercise  the 
privileges  of  a  Christian  Church  and  religious  soci- 
ety, as  the  same  are  guaranteed  by  the  statutes  of 
the  State  of  Georgia ;  and  the  name  and  style  by 
which  they  desire  to  become  incorporated  is,  '  First 
Presbyterian  Church  of  Augusta.*  Your  petitioners, 
therefore,  pray  that  said  association  may  be  incor- 
porated for  the  object,  with  the  privileges  and  the 
name  and  style  above  set  forth,  and  your  petitioners 
will  ever  pray,"  etc. 

The  following  will  answer  for  the  form  of  the  or- 
der to  be  entered  on  the  petition : — 

In  the  Matter  of  the  Petition  of 

The   First  Presbyterian   Church 

OF  Augusta,  to  be  incorporated. 

At  a  term  of  the  Supreme  Court  of  the  County 
of  Richmond,  held  in  the  County  of  Augusta  on  the 

day  of ,  18 — .     Present,  Hon.  William  W. 

Holt,  judge." 


42       Laws  Relating  to  Religions  Corporations. 

On  reading  the  petition  in  this  case,  on  motion  of 
Mr.  A.  B.,  of  counsel  for  the  petitioners,  it  is  ordered 
and  adjudged  that  the  prayer  of  the  said  petition- 
ers be  granted,  and  that  the  said  petition  be  en- 
tered of  record  in  the  minutes  of  the  court. 


DISTURBING  RELIGIOUS   WORSHIP. 

If  any  person  or  persons,  whomsoever,  interrupt 
or  disturb  any  congregation  of  white  persons  assem- 
bled at  any  church,  chapel,  or  meeting-house,  or  any 
other  place  for  public  worship,  during  the  time  of 
divine  service,  it  is  made  the  duty  of  any  justice  of 
the  peace,  sheriff,  constable,  or  any  civil  officer  of 
the  county,  being  present  when  the  offense  shall  be 
committed,  to  take  the  person  or  persons  so  offend- 
ing into  clistody;  or  on  complaint,  made  by  any 
person  on  oath,  to  issue  a  warrant  against  him  or 
them  so  offending. 

It  is  also  made  unlawful  for  any  person  to  sell,  or 
cause  to  be  sold,  any  wine,  cider,  beer,  whisky,  gin, 
rum,  or  brandy,  or  any  other  intoxicating  liquors, 
within  one  mile  of  any  meeting-house,  or  other  place 
set  apart,  or  publicly  resorted  to  for  divine  worship, 
during  the  time  appropriated  to  such  worship.  Any 
free  white  person  violating  either  of  these  provisions 
in  regard  to  religious  worship  is  deemed  guilty  of  a 
misdemeanor,  and  is  indicted  therefor  in  the  Supe- 
rior Courts  of  the  State,  as  in  other  criminal  cases ; 
and  it  is  made  the  duty  of  justices  of  the  peace  to 
bind  such  offenders  to  be  and  appear  at  the  Supe- 
rior Courts  of  the  State,  as  in  other  criminal  cases ; 


Georgia.  43 

and  on  conviction  the  offender  is  liable  to  be  fined 
in  a  sum  not  exceeding  fifty  dollars,  and  not  less 
than  ten  dollars. — Cobb's  Digest,  1854. 


Chapter    I  X.  —  1 1 1  inois. 

statutes  of  18T3-74— Chapter  25. 

Corporations  may  receive  and  hold  Lands — Certificates — Powers 
of  Trustees — Dissolution  of  Societies — Camp-grounds — Mortgages — 
Trust  Deeds — Roman  Catholic  Churches — Corporate  Powers — Dis- 
turbance of  Religious  Meetings. 

Sec.  47.  Any  Church,  congregation,  or  society, 
formed  for  the  purpose  of  religious  worship,  may 
become  incorporated  in  the  manner  following,  to 
wit :  By  electing  or  appointing,  according  to  its 
usages  or  customs,  at  any  meeting  held  for  that  pur- 
pose, two  or  more  of  its  members  as  trustees,  ward- 
ens, and  vestrymen,  (or  such  other  officers  whose 
powers  and  duties  are  similar  to  those  of  trustees,  as 
shall  be  agreeable  to  the  usages  and  customs,  rules 
or  regulations,  of  such  congregation.  Church,  or 
society,)  and  may  adopt  a  corporate  name,  and  upon 
the  fiHng  of  the  affidavit  as  hereinafter  provided,  it 
shall  be  and  remain  a  body  politic  and  corporate  by 
the  name  adopted. 

Sec.  48.  The  chairman  or  secretary  of  such  meet- 
ing shall,  as  soon  as  may  be  after  such  meeting, 
make  and  file  in  the  office  of  the  recorder  of  deeds 
in  the  county  in  which  such  congregation.  Church, 
or  society  is  organized,  (which  shall  be  recorded  by 
such  recorder,)  an  affidavit  substantially  in  the  fol- 
lowing form : — 


44       Laws  Relating  to  Religious  Corporations, 
State  of  Illinois, 


County  of  '' ^^* 

I, ,  do  solemnly  swear,  (or  affirm,  as  the 

case  may  be,)  that  at  a  meeting  of  the  members  of 
the ,  (here  insert  the  name  of  the  Church,  con- 
gregation, or  society  as  known  before  the  corpora- 
tion,) held  at ,  (here  insert  the  place  of  meet- 
ing,) in  the  county  of  ,  and  State  of  Illinois, 

that  on  the day  of ,  A.  D.   i8 — ,  for 

that  purpose,  the  following  persons  were  elected  (or 
appointed)  trustees,  (here  insert  the  names,)  (or 
wardens,  vestrymen,  or  other  officers,  by  whatever 
name  they  choose  to  adopt,  with  powers  and  duties 
suited  to  trustees,)  according  to  the  rules  and  usages 

of  such ,  (Church,  congregation,  or  society ;) 

and  said (Church,  society,  or  congregation) 

adopted  as  its  corporate  name ,  (here  insert 

the  name  ;)  and  at  said  meeting  this  affiant  acted  as 
chairman  or  secretary,  as  the  case  may  be. 

(Name.) 

Subscribed  and  sworn  before  me  this day  of 

,  i8— .  A.  B. 

Such  affidavit,  or  a  copy  thereof,  duly  certified  by 
the  recorder,  shall  be  received  as  evidence  of  the 
due  incorporation  of  such  Church,  congregation,  or 
society. 

Sec.  49.  The  term  of  office  of  the  trustees  of  any 
such  corporation  may  be  determined  by  the  rules  or 
by-laws  of  the  Church,  congregation,  or  society. 

Sec.  50.  A  failure  to  elect  trustees  at  any  time 
shall  not  work  a  dissolution  of  such  corporation,  but 


Illinois,  45 

the  trustees  last  elected  shall  be  considered  as  in 
office  until  their  successors  are  elected. 

Sec.  51.  All  elections  of  trustees,  after  the  first, 
and  elections  to  fill  vacancies,  may  be  called  and 
conducted  upon  such  notice  and  in  such  manner  as 
may  be  provided  by  the  rules,  usages,  or  by-laws  of 
the  congregation.  Church,  or  society ;  but  the  qual- 
ification and  number  of  the  trustees  shall  at  all  times 
be  the  same  as  required  in  section  one.  No  certif- 
icate of  election,  after  the  first,  need  be  filed  for 
record. 

Sec.  52.  A  trustee  may  be  removed  from  office 
by  an  election  called  and  conducted  in  like  manner 
as  elections  for  trustees,  or  his  office  may  be  declared 
vacant  for  a  failure  to  act,  immoral  conduct,  or  for 
abandonment  of  the  faith  of  the  congregation, 
Church,  or  society. 

Sec.  53.  Upon  the  incorporation  of  any  congre- 
gation, Church,  or  society,  all  the  real  and  personal 
property  held  by  any  person  or  trustees  for  the  use 
of  the  members  thereof  shall  immediately  vest  in 
such  corporation,  and  may  be  subject  to  its  control, 
and  may  be  used,  mortgaged,  sold,  and  conveyed 
the  same  as  if  it  had  been  conveyed  to  such  corpora- 
tion by  deed  ;  but  no  conveyance  or  mortgage  shall 
be  made  so  as  to  affect  or  destroy  the  intent  or 
effect  of  any  grant,  devise,  or  donation  that  may  be 
made  to  such  person  or  trustee  for  the  use  of  such 
congregation.  Church,  or  society. 

Sec.  54.  Any  corporation  that  may  be  formed  for 
religious  purposes  under  this  act,  or  under  any  law 
of  this  State  for  the  incorporation  of  religious  soci- 


4-6      Laws  Relating  to  Religious  Corporations. 

eties,  may  receive  by  gift,  devise,  or  purchase,  land 
not  exceeding  in  quantity  (including  that  already 
held  by  such  corporation)  ten  acres,  and  may  erect 
or  build  thereon  such  houses,  buildings,  or  other  im- 
provements as  it  may  deem  necessary  for  the  conven- 
ience and  comfort  of  such  congregation,  Church,  or 
society,  and  may  lay  out  and  maintain  thereon  a 
burying-ground ;  but  no  such  property  shall  be  used 
except  in  the  manner  expressed  in  the  gift,  grant,  or 
devise,  or  if  no  use  or  trust  is  so  expressed,  except 
for  the  benefit  of  the  congregation.  Church,  or  so- 
ciety for  which  it  was  intended. 

Sec.  55.  The  trustees  shall  have  the  care,  cus- 
tody, and  control  of  the  real  and  personal  property 
of  the  corporation,  subject  to  the  direction  of  the 
congregation,  Church,  or  society,  and  may,  when  di- 
rected by  the  congregation.  Church,  or  society,  erect 
houses,  or  buildings  and  improvements,  and  repair 
and  alter  the  same,  and  may,  Avhen  so  directed, 
mortgage,  incumber,  sell,  and  convey  any  real  and 
personal  estate  of  such  corporation,  and  enter  into 
all  lawful  contracts  in  the  name  of  and  in  behalf 
of  such  corporation ;  Provided,  that  no  mortgage, 
incumbrance,  sale  or  conveyance  shall  be  made  of 
any  such  estate  so  as  to  defeat  or  destroy  the  effect  of 
any  gift,  grant,  devise,  or  bequest  which  may  be  made 
to  such  corporation ;  but  all  such  gifts,  grants,  de- 
vises, and  bequests  shall  be  appropriated  and  used 
as  directed  or  intended  by  the  person  or  persons 
making  the  same. 

Sec.  56.  Any  congregation,  Church,  or  society, 
heretofore  incorporated  under  the  provisions  of  any 


Illinois.  47 

law  for  the  incorporation  of  religious  societies,  may 
become  incorporated  under  the  provisions  of  this 
act  relative  to  religious  societies  in  the  same  manner 
as  if  it  had  not  previously  been  incorporated,  in  which 
case  the  new  corporation  shall  be  entitled  [to,]  and 
invested  with  all  the  real  and  personal  estate  of  the 
old  corporation  in  like  manner  and  to  the  same  ex- 
tent as  the  old  corparation,  subject  to  all  the  debts, 
contracts,  and  liabilities.  The  word  trustees,  wher- 
ever used  in  this  act,  shall  be  construed  to  include 
wardens,  vestrymen,  or  such  other  officers  as  per- 
form the  duties  of  trustees. 

Sec.  57.  Any  congregation,  Church,  or  society, 
incorporated  under  this  act,  may  receive  by  grant, 
devise,  or  bequest,  real  estate,  not  exceeding  forty 
acres,  for  the  purpose  of  holding  camp-meetings, 
and  may  put  such  improvements  thereon  as  they 
may  deem  for  their  comfort  or  convenience.  The 
title  to  such  real  estate  shall  be  in  such  corporation 
subject  to  like  conditions  as  are  provided  in  this  act 
in  regard  to  other  real  estate  held  by  such  corpo- 
ration. 

Sec.  58.  The  trustees,  or  any  other  persons  desig- 
nated by  such  congregation,  Church,  or  society,  in- 
corporated under  this  act,  shall  have  power  to  pub- 
lish, print,  circulate,  sell,  or  give  away  such  religious. 
Sabbath-school  and  missionary  tracts,  periodicals  or 
books,  as  they  may  deem  necessary  to  the  promo- 
tion of  religion  or  morality. 

Sec.  59.  This  act  is  subject  to  any  limitation  or 
modification  which  may  be  hereafter  enacted  by 
general  law,  as  to  the  amount  of  real  estate  and  per- 


48       Laws  Relating  to  Religious  Corporations. 

sonal  property  to  be  held  by  the  corporations  re- 
spectively provided  for  herein  for  religious  purposes. 

Sec.  6o.  No  corporation,  association,  or  society 
for  any  purpose,  authorized  by  this  act,  shall  be 
formed  under  any  other  act. 

Sec.  6i.  All  acts,  or  parts  of  acts,  in  conflict  with 
the  provisions  of  this  act,  are  hereby  repealed  ;  Pro- 
vided, that  the  repeal  of  said  acts  shall  not  affect 
any  corporation  existing  under  any  such  acts,  or  any 
rights  or  liabilities  that  may  have  accrued  when  this 
act  shall  take  effect ;  but  such  rights  and  liabilities 
shall  remain  as  though  this  act  had  not  been 
passed. 

CRIMINAL  JURISPRUDENCE — PASSED  1 874. 

Sec.  58.  Whoever  by  menace,  profane  swearing, 
vulgar  language,  or  any  disorderly  or  unusual  con- 
duct, interrupts  or  disturbs  any  assembly  of  people 
met  for  the  worship  of  God,  shall  be  fined  not  ex- 
ceeding one  hundred  dollars. 

Sec.  59.  Whoever  during  the  time  of  holding  any 
camp  or  field  meeting  for  religious  purposes,  and 
within  one  mile  of  the  place  of  holding  such  meet- 
ing, hawks  or  peddles  goods,  wares,  or  merchandise, 
or,  without  permission  of  the  authorities  having 
charge  of  such  meeting,  establishes  any  tent,  booth, 
or  other  place  for  vending  provisions  or  refresh- 
ments, or  sells  or  gives  away,  or  offers  to  sell  or  give 
away,  any  spirituous  liquor,  wine,  cider,  or  beer,  or 
practices  or  engages  in  gaming  or  horse-racing,  or 
exhibits  or  offers  to  exhibit  any  show  or  play,  shall 
be  fined  not  exceeding  one  hundred  dollars  for  each 


Illinois,  49 

offense:  Provided,  That  whoever  has  his  regular 
place  of  business  within  such  limits  is  not  hereby 
required  to  suspend  his  business. 


Chapter  X.— Indiana. 

Gavin  and  Hord's  Eevised  Statutes  of  18T0— Chapter  168. 

Societies  may  hold  Land— Notice  of  Election— Certificates— Tenure 
of  Office  of  Trustees — How  Chosen — Change  of  Name — Sale  of 
Property — Disturbance  of  Religious  Meetings. 

Sec.  I.  Any  congregation,  society,  or  Church  may 
take  by  purchase,  grant,  or  devise,  lots  or  tracts  of 
land,  not  exceeding  one  hundred  and  sixty  acres, 
upon  which  to  erect  buildings  for  religious  worship, 
or  for  such  other  purposes  as  will  best  attain  the  ob- 
jects of  said  several  organizations,  and  for  that  pur- 
pose, may  elect  not  less  than  three  nor  more  than 
five  trustees,  who  shall  possess  the  powers  and  per- 
form the  duties  herein  named. 

Sec.  2.  The  word  "  society,"  in  this  act,  shall  be 
deemed  to  include  Churches,  associations,  congrega- 
tions, lodges,  divisions,  and  all  other  orders  enumer- 
ated in  the  preceding  section. 

Sec.  3.  Notice  for  election  of  trustees  shall  be 
given  at  least  ten  days  previous  thereto,  by  publica- 
tion in  a  newspaper  of  the  county,  if  any,  otherwise 
by  posting  such  notice  in  three  public  places  in  the 
proper  township,  one  of  which  must  be  at  the  place 
of  the  proposed  election.  Such  notice  shall  state 
the  time,  place,  and  object  of  such  election,  and  the 
same  shall  be  held  at  the  usual  place  of  worship  or 
meeting  of  such  society,  if  any  there  be. 


50       Lazvs  Relating  to  Religions  Corporations. 

Sec.  4.  Such  society  at  the  first  and  every  subse- 
quent election  shall  appoint  a  clerk  thereof,  who  shall 
take,  count,  and  make  a  poll-list  of  the  votes  given 
for  trustees ;  and  within  ten  days  thereafter  shall 
deposit  in  the  recorder's  office  of  the  county,  where 
the  real  estate  granted  is  situate,  a  certificate  setting 
forth  the  notice  of  such  election,  the  time  and  place 
where  the  same  was  held,  the  name  of  the  society, 
and  persons  elected  as  trustees  thereof;  and  the  re- 
corder of  such  county  shall  record  the  same  among 
the  record  of  deeds  in  his  office. 

Sec.  5.  As  between  such  society,  the  trustees 
thereof,  and  all  persons  claiming  under  them,  and 
any  person  granting  real  estate  thereto,  and  all  per- 
sons claiming  under  him,  such  certificate  shall  be 
conclusive  evidence  of  the  matters  and  things  therein 
recited ;  and  as  between  such  society,  the  trustees 
thereof,  and  all  persons  claiming  under  them,  and 
all  other  persons,  it  shall  be  presumptive  evidence 
of  such  matters. 

Sec.  6.  Such  trustees  shall  severally  hold  their 
offices  until  their  successors  are  duly  chosen  ac- 
cording to  the  rules  of  the  society ;  and  any  society, 
by  a  majority  vote  at  a  meeting  of  one  third  of  the 
residents  thereof,  notice  being  given  as  aforesaid, 
may  remove  such  trustees  and  elect  others  in  their 
stead. 

Sec.  7.  Such  society,  or  the  trustees  thereof,  when 
authorized  [organized]  for  that  purpose,  may  estab- 
lish all  necessary  by-laws  to  carry  out  the  objects  of 
its  organization. 

Sec.  8.  Any  society  may  select  or  appoint,  accord- 


Indla7ia.  5 1 

ing  to  its  common  usage  or  custom,  if  they  desire  it, 
but  a  certificate  of  such  election  or  appointment,  and 
the  record  of  the  same  as  in  case  of  their  election, 
shall  not  be  dispensed  with. 

Sec.  9.  Such  trustees  shall  be  deemed  a  body 
politic  and  corporate  under  such  name  and  style  as 
the  society  may  elect,  and  by  that  name  shall  have 
power  to  contract,  sue,  be  contracted  with  and  sued, 
with  like  effect  as  other  persons  or  corporations. 

Sec.  10.  Such  society  may  at  any  meeting,  by 
giving  ten  days'  notice  of  the  time  and  purpose 
thereof,  change  their  corporate  name  ;  but  the  name 
chosen  by  such  society  shall  not  be  assumed  until  a 
record  has  first  been  made  of  the  fact  in  the  record- 
er's office  of  the  proper  county.  Such  change  shall 
not  affect  the  rights  or  liberties  of  the  society,  or  of 
other  persons  or  parties. 

Sec.  II.  The  trustees  chosen,  as  herein  provided, 
after  record  of  their  election,  or  appointment  is  made 
in  the  recorder's  office  of  the  proper  county,  shall 
have  power  and  authority,  as  such  trustees,  to  re- 
ceive conveyances  of  lands,  whether  the  same  be 
by  purchase,  gift,  or  otherwise  ;  and  to  hold  the  same 
to  their  successors  in  perpetuity,  for  the  sole  and 
conclusive  benefit  of  such  society,  and  for  the  uses 
declared  in  such  conveyance  or  grant. 

Sec.  12.  Such  trustees  and  their  successors  in 
office  may  also  acquire  and  possess,  for  the  use  of 
any  such  society,  personal  property  not  exceeding  in 
value  the  sum  of  five  thousand  dollars,  and  may 
appropriate  the  same  and  the  income  or  interest 
thereof,  and  all    other  funds  and   incomes  in  their 


52       Laws  Relating  to  Religious  Corporations. 

hands  as  such  trustees,  for  the  purposes  designated 
by  such  society  not  inconsistent  with  the  trust. 

Sec.  13.  Such  trustees,  to  more  effectually  carry 
out  the  objects  of  their  trust,  may  sell,  loan,  or  oth- 
erwise dispose  of  their  corporate  property ;  and  any 
conveyance  thereof  by  such  trustees,  or  a  majority 
of  them,  in  behalf  of  such  society,  shall  vest  in  the 
purchaser  of  the  same,  and  all  the  right,  title,  and 
interest  thereto ;  but  the  provisions  of  this  section 
shall  not  be  construed  to  affect  any  gift,  bequest,  or 
devise  to  such  society,  or  to  trustees  for  its  use,  nor 
to  defeat  the  intention  of  the  grantor,  donor,  or 
testator. 

Sec.  14.  When  any  society  within  the  meaning  of 
this  act  shall  have  been  dissolved,  from  any  cause,  a 
majority  of  the  persons  interested  therein  may  re- 
vive the  same  within  five  years  after  such  dissolu- 
tion, by  electing  a  new  board  of  trustees,  and  mak- 
ing record  of  such  election  in  the  recorder's  office  of 
the  proper  county  as  hereinbefore  provided ;  and 
whenever,  from  any  cause,  any  Church  or  religious 
society  holding  and  possessing  property  within  the 
meaning  of  this  act  shall  have  been  dissolved,  the 
annual  or  quarterly  conference,  or  other  ecclesias- 
tical body  to  which  such  Church  or  religious  society 
is  directly  subordinate,  shall  have  power  to  appoint 
trustees  in  accordance  with  the  customs  or  usages 
of  said  Church,  to  take  the  charge  and  control  of 
the  property  of  said  Church  or  society  until  it  shall 
be  revived  as  contemplated  by  this  act. 

Sec.  15.  The  provisions  of  this  act  shall  extend 
to  every  society,  educational  or  religious,  which,  pre- 


Indiana,  53 

vious  to  its  passage,  had  acquired  land  for  the  pur- 
pose of  erecting  a  house  of  worship,  or  other  appro- 
priate building,  not  exceeding  five  acres,  upon 
condition  that  the  consent  of  two  thirds  of  the  per- 
sons interested  in  such  land  be  first  obtained,  and 
the  trustees  be  elected  and  certified,  and  such  other 
proceedings  had,  as  hereinbefore  directed  for  the 
election  of  trustees. 

Sec.  16.  The  officers  of  any  society,  by  whatever 
name  such  officer  may  be  designated,  elected  in  the 
manner  prescribed  by  this  act,  or  according  to  the 
rules  of  any  Church,  society,  or  order,  may,  when- 
ever the  laws  or  usages  of  the  same  require  it,  per- 
form the  duties  of  trustees,  and  in  their  proper  name 
and  title  shall  possess  all  the  powers,  and  be  subject 
to  the  same  liabilities  as  trustees,  and  the  certificate 
of  the  election  of  such  officers  shall  be  recorded  in 
the  recorder's  office  of  the  proper  county,  as  in  the 
case  of  trustees. 

Sec.  17.  All  the  provisions  of  this  act  are  hereby 
extended,  so  far  as  the  same  may  be  applicable,  to 
any  individuals  who  may  unite  themselves  together 
for  the  purpose  of  receiving  donations  of  lands,  or 
purchasing  the  same  for  cemeteries. 

Sec.  18.  When  such  donations  or  purchases  shall 
be  made  to  or  by  any  such  individuals,  and  a  certif- 
icate thereof  or  conveyance  therefor,  together  with 
the  articles  of  association,  by  which  such  individuals 
have  become  united  for  such  purposes,  shall  be  filed 
in  the  office  of  the  recorder  of  the  proper  county, 
and  by  him  recorded,  such  individuals  shall  enjoy  all 
the   privileges   necessary  for   the  preservation   and 


54       Laws  Relating  to  Religious  Corporations. 

protection  of  such  cemetery  in  the  same  manner  as 
if  such  individuals  were  regularly  incorporated  by 
law,  and  such  cemetery  shall  forever  remain  a  burial 
place  for  the  dead. 

Sec.  19.  Lands  conveyed  to  the  board  of  county 
commissioners,  by  deed  duly  recorded,  for  the  pur- 
pose of  a  public  or  private  cemetery,  shall  be  held 
by  such  board  forever  in  trust  for  such  purposes. 

Sec.  20.  In  all  cases  where  the  donors  or  donees 
of  any  public  burying-ground  shall  lay  off  the  same 
into  lots,  plainly  designated  by  corner-stones  or 
posts,  and  record  a  plat  thereof  in  the  recorder's 
office,  then  persons  interring  in  said  burying-place 
shall  bury  within  the  lots  so  designated,  and  not  out 
of  them. 

Sec.  21.  The  donor  of  a  private  burying-ground, 
his  heirs,  and  assigns  forever,  shall  have  the  exclu- 
sive right  of  admitting  corpses  for  interment,  and 
shall  direct  where  the  same  shall  be  buried ;  and 
may  grant  any  right  of  burial  in  such  ground  as  shall 
not  interfere  with  the  graves  already  there,  or  the 
rights  of  persons  who  have  buried  their  dead  in  such 
ground. 

Sec.  22.  No  burying-ground  specified  in  this  act 
shall  pass,  or  be  held  contrary  to  the  intent  or  mean- 
ing of  this  section,  by  virtue  of  any  subsequent  de- 
vise, purchase,  descent,  or  conveyance  of  the  donor. 

Part   III,  Chapter  7. 
DISTURBING  RELIGIOUS   MEETINGS. 

Sec.  38.  If  any  person  shall  disturb  any  religious 
society,  or  a  member  thereof,  when  met  or  meeting 


Indiana.  55 

together  for  public  worship,  or  shall  sell  or  give 
away  spirituous  liquor  at  any  booth,  wagon,  shed,  or 
open  place,  or  in  any  building  temporarily  erected 
for  the  purpose  of  selling  such  liquors,  within  two 
miles  of  any  collection  of  the  people  convened  for 
the  purpose  of  public  worship,  or  shall  disturb  any 
collection  of  people  convened  for  any  lawful  pur- 
pose, such  person  shall  be  fined  not  exceeding  fifty 
nor  less  than  five  dollars,  and  imprisonment  not 
exceeding  thirty  days  may  be  added. 


Chapter   XI.— Icwa. 

Code  of  Iowa,  18T3.— Title  9,  Chapter  2. 

Corporations — How   Formed — Certificates — Powers — Elections — 
Devises  and  Bequests — Offenses — How  Punished. 

Sec.  1095.  Any  three  or  more  persons  of  full  age, 
citizens  of  the  United  States,  a  majority  of  whom 
shall  be  citizens  of  this  State,  who  desire  to  associ- 
ate themselves  for  benevolent,  charitable,  scientific, 
religious,  or  missionary  purposes,  may  make,  sign, 
and  acknowledge  before  any  officer  authorized  to 
take  the  acknowledgments  of  deeds  in  this  State, 
and  have  recorded  in  the  office  of  the  recorder  of 
the  county  in  which  the  business  of  such  society  is 
to  be  conducted,  a  certificate  in  writing,  in  which 
shall  be  stated  the  name  or  title  by  which  such  so- 
ciety shall  be  known,  the  particular  business  and 
objects  of  such  society,  the  number  of  trustees,  di- 
rectors, or  managers  to  conduct  the  same,  and  the 


56       Laivs  Relating  to  Religious  Corporations. 

name  of  the  trustees,  directors,  or  managers  of  such 
society  for  the  first  year  of  its  existence. 

Sec.  1096.  Upon  filing  for  record  the  certificate 
as  aforesaid,  the  persons  who  shall  have  signed  and 
acknowledged  such  certificate,  and  their  associates 
and  successors,  shall,  by  virtue  hereof,  be  a  body 
politic  and  corporate  by  the  name  stated  in  such 
certificate,  and  by  that,  they  and  their  successors 
shall  and  may  have  succession,  and  shall  be  capable 
of  suing  and  being  sued,  and  may  have  and  use  a 
common  seal,  which  they  may  alter  or  change  at 
pleasure ;  and  they  and  their  successors,  by  their 
corporate  name,  shall  be  capable  of  taking,  receiving, 
purchasing,  and  holding  real  and  personal  estate, 
and  of  making  by-laws  for  the  management  of  its 
affairs  not  inconsistent  with  law. 

Sec.  1097.  The  society  so  incorporated  may,  an- 
nually or  oftener,  elect  from  its  members  its  trust- 
ees, directors,  or  managers,  at  such  time  and  place, 
and  in  such  manner,  as  may  be  specified  in  its  by- 
laws, who  shall  have  the  control  and  management 
of  the  affairs  and  funds  of  the  society,  a  majority 
of  whom  shall  be  a  quorum  for  the  transaction  of 
business ;  and  whenever  any  vacancy  shall  happen 
among  such  trustees,  directors,  or  managers,  by 
death,  resignation,  or  neglect  to  serve,  such  vacancy 
shall  be  filled  in  such  manner  as  shall  be  provided 
by  the  by-laws  of  such  society.  When  the  body 
corporate  consists  of  trustees,  directors,  or  managers 
of  any  benevolent,  charitable,  literary,  scientific,  re- 
ligious, or  missionary  institution,  which  is  or  may  be 
established  in  this  State,  and  which  is  or  may  be 


Iowa.  57 

under  the  patronage,  control,  direction,  or  super- 
vision of  any  synod,  conference,  association,  or  other 
ecclesiastical  body  in  such  State,  established  agree- 
ably to  the  laws  thereof,  such  ecclesiastical  body 
may  nominate  and  appoint  such  trustees,  directors, 
or  managers  according  to  the  usages  of  the  appoint- 
ing body,  and  may  fill  any  vacancy  which  may  occur 
among  such  trustees,  directors,  or  managers ;  and 
when  any  such  institution  may  be  under  the  patron- 
age, control,  direction,  or  supervision  of  two  or  more 
of  such  synods,  conferences,  associations,  or  other 
ecclesiastical  bodies,  such  bodies  may  severally  nom- 
inate and  appoint  such  proportion  of  such  trustees, 
directors,  or  managers,  as  shall  be  agreed  upon  by 
those  bodies  immediately  concerned.  And  any  va- 
cancy occurring  among  such  appointees  last  named 
shall  be  filled  by  the  synod,  conference,  association, 
or  body  having  appointed  the  last  incumbent. 

Sec.  1098.  Any  corporation  in  this  State  of  an  ac- 
ademical character,  the  memberships  of  which  shall 
consist  of  lay  members  and  pastors  of  Churches, 
delegates  to  any  synod,  conference,  or  council,  hold- 
ing its  annual  meetings  alternately  in  this  and  one 
or  more  adjoining  States,  may  hold  its  annual  meet- 
ings for  the  election  of  officers  and  the  transaction  of 
business,  in  any  adjoining  State  to  this,  at  such  place 
therein  as  the  said  synod,  conference,  or  council 
shall  hold  its  annual  meeting ;  and  the  elections  so 
held  and  business  so  transacted  shall  be  as  legal  and 
binding  as  if  held  and  transacted  at  the  place  of 
business  of  the  corporation  in  this  State. 

Sec.  1099.  In  case  an  election  of  trustees,  direct- 


58       Laws  Relating  to  Religious  Corporations. 

ors,  or  managers  shall  not  be  made  on  the  day  des- 
ignated by  the  by-laws,  said  society  for  that  cause 
shall  not  be  dissolved,  but  such  election  may  take 
place  on  any  other  day  directed  by  such  by-laws. 

Sec.  1 100.  The  provisions  of  this  chapter  shall 
not  extend  or  apply  to  any  association  or  individual 
who  shall,  in  the  certificate  filed  with  the  recorder, 
use  or  specify  or  name  or  style  the  same  as  that  of 
any  previously  existing  incorporated  society  in  the 
county. 

Sec.  iioi.  Any  corporation  formed  under  this 
chapter  shall  be  capable  of  taking,  holding,  or  receiv- 
ing property,  by  virtue  of  any  devise  or  bequest  con- 
tained in  any  last  will  or  testament  of  any  person 
whatsoever ;  but  no  person  leaving  a  wife,  child,  or 
parent,  shall  devise  or  bequeath  to  such  institution  or 
corporation  more  than  one  fourth  of  his  estate  after 
the  payment  of  his  debts,  and  such  devise  or  bequest 
shall  be  valid  only  to  the  extent  of  such  one  fourth. 

Sec.  II02.  The  trustees,  directors,  or  stockhold- 
ers of  any  existing  benevolent,  charitable,  scientific, 
missionary,  or  religious  corporation,  may,  by  con- 
forming to  the  requirements  of  section  1095  of  this 
chapter,  re-incorporate  themselves,  or  continue  their 
existing  corporate  powers,  and  all  the  property  and 
effects  of  such  existing  corporation  shall  vest  in  and 
belong  to  the  corporation  so  re-incorporated  or 
continued. 

Chapter  IX,  Title  24. 
OFFENSES. 

Sec.  4023.  If  any  person  willfully  disturb  or  dis- 
quiet any  assembly  of  persons  met  for  religions  wor- 


Iowa.  59 

ship,  by  profane  discourse  or  rude  and  indecent  be- 
havior, or  by  making  a  noise  either  within  the  place 
of  worship,  or  so  near  as  to  disturb  the  order  and 
solemnity  of  the  assembly,  he  shall  be  punished  by 
imprisonment  in  the  county  jail  not  more  than 
thirty  days,  or  by  fine,  not  exceeding  one  hundred 
dollars. 

Sec.  4024.  If  any  person  within  one  mile  from 
the  place  where  any  religious  society  is  collected 
together  for  religious  worship,  in  any  field  or  wood- 
land, expose  to  sale  or  gift  any  spirituous  or  other 
liquors,  or  any  article  of  merchandise,  or  any  pro- 
visions, or  other  article  of  traffic,  he  shall  be  punished 
by  imprisonment  in  the  county  jail  not  more  than 
thirty  days,  or  by  fine  not  exceeding  one  hundred 
dollars. 

Sec.  4025.  The  preceding  section  does  not  apply 
to  tavern  or  grocery  keepers,  exercising  their  calling 
or  business  in  the  places  mentioned  in  their  licenses, 
if  they  have  such,  nor  to  any  distillers  or  manufac- 
turers, or  others  in  the  prosecution  of  their  ordinary 
calling  or  business,  so  as  to  prevent  them  from 
vending  or  exposing  to  sale  the  articles  above  pro- 
hibited at  their  place  of  residence  ;  nor  to  any  per- 
son who  has  a  written  permit  from  the  person  having 
the  charge  of  such  religious  society  to  sell  any  of 
such  prohibited  articles,  on  complying  with  the  reg- 
ulations of  such  religious  assembly,  and  with  the 
laws  of  the  States. 


6o      Laws  Relating  to  Religious  Corporations. 


Chapter   X  I  I.  — K  a  n  s  a  s. 

General  Laws,  1868— Chapter  23. 

How  Corporations  are  Formed — Acknowledged — Filed — Religious 
Societies — Disturbance  of  Public  "Worship. 

Sec.  8.  The  charter  of  an  intended  corporation 
must  be  subscribed  by  five  or  more  persons,  three 
of  whom,  at  least,  must  be  citizens  of  this  State, 
and  must  be  acknowledged  by  them,  before  an 
officer  duly  authorized  to  take  acknowledgments 
of  deeds. 

Sec.  9.  Such  charter  shall  thereupon  be  filed  in 
the  office  of  the  secretary  of  state,  who  shall  record 
the  same  at  length  in  a  book  to  be  kept  for  that 
purpose,  and  retain  the  original  on  file  at  his  office. 
A  copy  of  the  charter,  or  of  the  record  thereof  duly 
certified  by  the  secretary  of  state,  under  the  great 
seal  of  the  State,  shall  be  evidence  of  the  creation 
of  the  corporation. 

Sec.  10.  The  existence  of  the  corporation  shall 
date  from  the  time  of  filing  the  charter,  and  the 
certificate  of  the  secretary  of  state  shall  be  evidence 
of  the  time  of  such  filing. 

Sec.  122.  Any  religious  society,  military  or  fire 
company,  literary,  charitable,  or  benevolent  associ- 
ation, other  than  colleges,  universities,  academies, 
or  seminaries,  or  any  grand  or  subordinate  lodge 
of  Free  and  Accepted  Masons,  or  of  the  Inde- 
pendent Order  of  Odd  Fellows,  may,  by  the  consent 
of  a  majority  of  its  members,  become  bodies  cor- 
porate under  this  act,  by  filing  the  charter  required 


Kansas,  61 

by  this  act,  electing  directors,  or  trustees,  and  per- 
forming the  things,  as  are  directed  in  the  case  of 
other  corporations  ;  and  when  so  organized,  shall 
have  all  the  powers  and  privileges,  and  be  subject 
to  all  the  restrictions  in  this  act  contained  for  the 
objects  named  in  the  charter,  and  shall  have  the 
same  power  to  make  by-laws  for  the  regulation  of 
their  affairs  as  other  corporations.  Such  directors 
or  trustees  shall  not  usurp  or  exercise  the  functions 
of  the  officers  in  charge  of  the  spiritual  affairs  of  any 
society. 

Sec.  123.  No  religious,  literary,  scientific,  indus- 
trial, benevolent,  or  other  society,  association,  com- 
pany, corporation,  or  institution  that  does  not  have 
a  capital  stock  will  be  required  in  its  charter  to 
make  any  statement  of  the  amount  of  capital  stock, 
or  amount  of  each  share  ;  but  such  charter,  if  it 
contains  the  other  statements  therein  required,  and 
also  an  estimate  of  the  value  of  goods,  chattels, 
lands,  rights,  and  credits  owned  by  the  corporation, 
will  be  sufficient. 

Chapter  81. 
DISTURBANCE  OF  PUBLIC  WORSHIP. 

Sec.  252.  Every  person  who  shall  willfully,  ma- 
liciously, or  contemptuously  disquiet  or  disturb  any 
congregation  or  assembly  of  people  met  for  religious 
worship  by  making  a  noise,  or  by  rude  or  indecent 
behavior,  or  profane  discourse  within  their  place  of 
worship,  or  so  near  to  the  same  as  to  disturb  the 
order  or  solemnity  of  the  meeting,  or  menace,  or 
assault  any  person  there  being,  shall  be  guilty  of  a 


62       Laws  Relating  to  Religious  Corporations. 

misdemeanor,  and  punished  by  fine  not  exceeding 
one  hundred  dollars  ;  and  if  unable  to  pay  the  fine, 
by  confinement  in  the  county  jail  not  exceeding 
three  months. 

Sec.  254.  Every  person  who  shall  erect  or  keep 
a  booth,  tent,  stall,  or  other  contrivance  for  the 
purpose  of  selling  or  otherwise  disposing  of  any 
wine,  or  spirituous  or  fermented  liquors,  or  any 
drink  of  which  wine,  spirituous  or  fermented  liquors 
form  a  part,  within  one  mile  of  any  camp  or  field 
meeting  for  religious  worship,  during  the  time  of 
holding  such  meeting,  shall,  upon  conviction,  be 
adjudged  guilty  of  a  misdemeanor,  and  punished 
by  fine  not  exceeding  ten  dollars. 


Chapter    X  I  I  I .  — K  e  n  t  u  c  k  y. 

Stanton''s  Eevised  Statutes,  "1860 — Chapter  14. 

Grants  for  Charitable  Uses — Not  defeated  for  want  of  Truste 
Churches  limited  to  Fifty  Acres — Trustees  to  be  Appointed — Records 
— Schisms — Excommunication — Dissolution — Shakers. 

CHARITABLE  USES  AND  RELIGIOUS  SOCIETIES. 

Sec.  I.  That  all  grants,  conveyances,  devises,  gifts, 
appointments,  and  assignments  heretofore  made,  or 
which  shall  be  hereafter  made  in  due  form  of  law, 
of  any  lands,  tenements,  rents,  annuities,  profits, 
hereditaments,  goods,  chattels,  money,  stocks,  or 
choses  in  action  for  the  relief  or  benefit  of  aged 
or  impotent  and  poor  people,  sick  and  maimed  sol- 
diers and  marines,  schools  of  learning,  seminaries, 
colleges,  universities,  navigation,  bridges,  ports,  ha- 


Kentucky.  63 

vens,  causeways,  public  highways,  churches,  houses 
of  correction,  hospitals,  asylums,  idiots,  lunatics, 
deaf  and  dumb  persons,  the  blind,  or  in  aid  of 
young  tradesmen,  orphans,  or  for  the  redemption 
of  prisoners  or  captives,  setting  out  of  soldiers,  shall 
be  valid,  except  as  hereinafter  restricted. 

Sec.  2.  No  charity  shall  be  defeated  for  want  of  a 
trustee  or  other  person  in  whom  the  title  may  vest ; 
but  courts  of  equity  may  uphold  the  same  by  ap- 
pointing trustees,  if  there  be  none,  or  by  taking 
control  of  the  fund  or  property,  and  directing  its 
management,  and  settling  who  is  the  beneficiary 
thereof. 

Sec.  3.  No  church  or  society  of  Christians  shall 
be  capable  of  taking  or  holding  the  title,  legal  or 
equitable,  to  exceeding  fifty  acres  of  ground  ;  but 
may  acquire  and  hold  that  quantity  for  the  purpose 
of  erecting  thereon  houses  of  public  worship,  public 
instruction,  a  parsonage,  a  grave-yard,  and  a  horse 
pound. 

1.  The  society  may, before  or  after  the  creation 
of  the  charity,  appoint  not  exceeding  three  trustees, 
who,  and  their  successors,  shall  be  vested  with  the 
title,  legal  or  equitable,  to  such  property  for  the 
use  of  such  society. 

2.  The  society  shall  enter  such  appointment  on 
its  record-books,  a  majority  concurring  therein,  and 
may  fill  vacancies  in  like  manner. 

3.  The  trustees,  or  a  majority  of  them,  may,  in 
their  own  names,  for  the  use  of  the  society,  institute 
and  prosecute  suits  to  recover  any  property,  real  or 
personal,  to  which  the  society  has  right,  and  may 


64      Laws  Relating  to  Religious  Corporations, 

defend  any  suit  that  shall  be  instituted  against  the 
trustees  or  society  for,  or  touching  its  temporalities. 

4.  In  case  a  schism  or  division  shall  take  place  in 
a  society,  the  trustees  shall  permit  each  party  to 
use  the  church  and  appurtenances  for  divine  wor- 
ship, a  part  of  the  time  proportioned  to  the  members 
of  each  party. 

5.  The  excommunication  of  one  party  by  the 
other,  shall  not  impair  such  right,  except  it  be  done 
bona  fide  on  the  grounds  of  immorality. 

Sec.  4.  If  any  society  holding  lands  shall  dis- 
solve, the  title  to  such  lands  and  appurtenances  shall 
vest  in  the  trustees  of  the  seminary  in  which  the 
land  may  lie,  for  the  use  of  such  seminary ;  and  if 
there  be  no  such  seminary,  then  in  the  county 
court,  for  the  benefit  of  common  schools  in  the 
county.  The  provisions  in  this  section  shall  not 
apply  to  the  society  called  Shakers,  who  shall  have 
the  same  right  to  acquire  and  hold  real  estate  as 
they  have  had  prior  to  the  passage  of  this  act. 


Chapter   X  I  V.  — L  o  u  i  s  1  a  n  a. 

Revised  Statutes  of  1870.— (The  Act  is  a  general  one.) 
Application  must  be  made  to  the  District  Attorney  for  Incorporation. 

Sec.  (^']'J.  Whenever  any  number  of  persons  ex- 
ceeding six  may  be  desirous  of  forming  themselves 
into  a  corporation  or  body  politic  for  any  religious, 
scientific,  literary,  or  charitable  purpose,  and  to 
acquire  and  enjoy  the  rights,  privileges,  and  powers 


Louisiana.  65 

of  a  body  corporate  and  politic  in  law,  it  shall  be 
lawful  for  such  persons  to  prepare  and  sign  an  in- 
strument, either  in  authentic  form  or  under  private 
signature,  wherein  they  shall  declare  and  specify 
the  purposes  and  objects  of  such  corporation ;  the 
name,  style,  and  title  thereof;  the  place  chosen  for 
its  domicil ;  the  managers  and  officers  of  such  cor- 
poration are  to  be  chosen,  the  officer  on  whom 
citations  may  be  served,  and  the  length  of  time 
during  which  the  corporation  shall  exist  and  con- 
tinue. The  act  of  incorporation  shall  be  handed 
to  the  district  attorney  of  the  district  in  which  the 
domicil  is  fixed,  for  examination  as  to  its  legality ; 
and  should  he  be  of  the  opinion  that  the  purposes 
and  objects  of  the  corporation,  as  specified  in  said 
act,  are  legal,  and  that  none  of  the  provisions  there- 
in contained  are  contrary  to  law,  he  shall  indorse 
his  opinion  to  that  effect  thereon.  The  act,  together 
with  the  opinion  of  the  district  attorney,  shall  then 
be  recorded  in  the  office  of  the  parish  recorder,  or 
other  officer  performing  the  duties  of  parish  re- 
corder, which  act,  when  so  recorded,  shall  constitute 
the  subscribers  to  the  same,  and  their  associates 
and  successors,  a  body  politic  and  corporate,  for  the 
purposes  and  objects  declared  and  contained  in  the 
act,  and  shall  have  continuance  and  succession  by 
the  name,  style,  and  title  as  set  forth  in  the  act  duly 
certified  by  the  officer,  in  whose  office  the  same  is 
recorded,  and  shall  be  full  and  complete  evidence 
of  the  contents  of  the  original  act. 
The  balance  of  powers  is  general. 


66      Laws  Relating  to  Religious  Corporations. 
Chapter    XV.  — Maine. 

Eevised  Statutes  of  18T1.— Chapter  12. 

Mode  of  calling  Meeting — Organization— Annual  and  other  Meet- 
ings— Parish  Meetings — How  Called— May  raise  Money — Assess- 
ments on  Pews — Admission  to  a  Parish — Church  Officers  may  be 
deemed  Corporations — Conveyances — Oftenses  appertaining  to  Re- 
ligious Meetings. 

Sec.  I.  Any  persons  of  the  age  of  twenty-one 
years  or  more  desirous  of  becoming  an  incorporated 
parish  or  religious  society  may  apply  to  a  justice 
of  the  peace  of  the  county  in  which  a  majority  of 
them  reside,  who  is  required  to  issue  his  warrant  to 
one  of  them  directing  him  to  notify  the  other  ap- 
plicants to  meet  at  some  proper  place  expressed  in 
such  warrant.  The  person  to  whom  such  warrant 
is  directed  must  give  notice  of  such  meeting  seven 
days  at  least  before  holding  the  same  by  posting  a 
notification  thereof  on  the  outer  door  of  the  meet- 
ing-house or  place  of  worship  of  such  society,  if  any, 
otherwise  at  such  place  as  the  justice  appoints. 

Sec.  2.  Such  persons  so  assembled  may  choose  a 
clerk  and  other  needful  parish  officers,  and  there- 
upon they  are  declared  to  be  a  corporation  bearing 
the  name  they  assume,  and  possessing  all  the  powers 
of  parishes  and  religious  societies. 

Sec.  3.  Every  parish  may  take,  by  gift  or  pur- 
chase, any  real  or  personal  estate  until  the  clear 
annual  income  thereof  amounts  to  three  thousand 
dollars,  and  may  convey  such  real  or  personal  es- 
tate, and  establish  by-laws  not  repugnant  to  the 
laws  of  the  State. 


Maine.  dj 

Sec.  4.  The  annual  or  other  meetings  of  the  par- 
ish may  be  called  by  its  assessors,  to  be  held  at  the 
time  and  place  in  the  town  where  they  are  usually 
held,  and  notified  in  the  same  manner  as  agreed  on 
by  the  votes  of  the  parish.  At  such  meeting  the 
parish  or  society  may  choose  a  clerk,  (who  must 
take  an  oath  of  office,)  two  or  more  assessors,  a  col- 
lector, treasurer,  standing  committee,  and  all  other 
and  needful  officers.  The  assessors  must  manage 
the  prudential  concerns  of  the  parish  when  no  other 
persons  are  appointed  for  that  purpose,  and  they 
must  also  be  duly  sworn. 

Sec.  5.  The  moderator,  at  any  meeting,  shall  have 
power  to  preserve  order,  manage  the  business,  and 
administer  the  oath  to  the  clerk  and  assessors. 

Sec.  6.  When  five  members  of  any  parish,  in 
writing,  request  the  assessors  to  call  a  meeting,  or 
insert  any  particular  article  in  the  warrant  therefor, 
they  shall  do  so. 

Sec.  7.  If  they  unreasonably  refuse  to  do  so,  any 
justice  of  the  peace  in  the  county,  on  like  applica- 
tion, may  issue  his  warrant  to  one  of  the  applicants, 
who  must  notify  such  meeting  in  the  same  manner 
as  prescribed  for  the  first  meeting,  or  as  agreed  on 
by  parish  vote. 

Sec.  8.  When  there  has  been  no  meeting  of  such 
parish  or  society  for  three  years,  a  meeting  may  be 
called  as  provided  in  section  thirty-four. 

Sec.  9.  Every  parish,  at  a  legal  meeting,  may 
raise  money  for  the  support  of  the  public  ministry 
of  religion,  for  building,  repairing,  or  removing 
houses  of  public  worship,  and  for  other  necessary 


68       Laws  Relating  to  Religious  Corporations. 

parish  charges,  and  the  same  may  be  assessed  and 
collected  as  State  taxes  are. 

Sec.  10.  When  a  house  of  public  worship  belongs 
to  a  parish,  or  it  and  the  fee  of  the  land  on  which  it 
stands  is  vested  in  trustees  for  the  use  of  the  parish, 
such  parish  may  assess  any  money  raised  for  the 
purposes  specified  in  the  last  preceding  section, 
wholly  or  partly  on  the  pews  or  seats,  whether 
owned  by  members  of  such  parish  or  religious  soci- 
ety or  not ;  and  the  owners  may  be  present  and 
vote  in  raising  such  money. 

Sec.  II.  When  taxes  on  pews  and  seats  remain 
unpaid  for  six  months  after  their  assessment,  the 
treasurer  of  the  parish  or  society  is  required  to  sell 
them  at  auction,  first  posting  notice  thereof  at  the 
principal  outer  door  of  the  house  of  worship  con- 
taining such  pews  or  seats  three  weeks  before  the 
time  of  sale,  stating  the  numbers,  if  any,  of  the 
pews  or  seats,  and  the  amount  of  tax  on  each,  and 
on  such  sale  the  treasurer  must  execute  and  deliver 
a  deed  of  the  pew  or  seat  sold  to  the  purchaser,  and 
pay  the  owner  the  overplus  after  deducting  the 
amount  of  tax  and  the  incidental  charges. 

Sec.  12.  All  money  paid  by  any  person  for  the 
support  of  public  worship  by  a  tax  on  a  pew  or  seat 
must  be  paid  to  such  teacher  of  his  own  religious 
sect  as  he  may  designate  in  a  written  notice  left 
with  the  clerk  of  the  parish  on  or  before  the  annual 
meeting,  unless  he  uses  such  pew  or  seat  by  himself 
or  others ;  and  it  is  sufficient  if  such  teacher  is  or- 
dained or  qualified  according  to  the  usages  of  his 
particular  sect  or  communion. 


Maine.  69 

Sec.  13.  a  parish  in  the  actual  occupancy  of  a 
church,  meeting-house,  or  other  building  used  for 
religious  purposes,  may  insure  it  against  loss  by  fire. 
And  in  case  of  such  loss  the  company  insuring  will 
not  be  permitted  to  deny  the  occupancy  of  the  par- 
ish its  legal  existence,  or  its  right  to  maintain  an 
action  on  the  policy.  The  money  recovered  must 
be  held  by  the  parish  in  trust  for  repairing  or 
restoring  the  building,  and  be  so  applied. 

Sec.  14.  A  person  may  become  a  member  of  a 
parish  or  religious  society  by  vote  thereof  at  a 
legal  meeting. 

Sec.  15.  Any  person  of  age  residing  in  a  local 
parish  holding  funds  derived  from  the  State  of 
Maine  or  of  Massachusetts  is  by  law  deemed  a 
member  of  such  parish  or  religious  society  until 
he  dissolves  the  connection ;  and  any  such  person 
having  resided  in  such  parish  one  year  after  he  has 
arrived  to  the  age  of  majority,  without  giving  writ- 
ten notice  to  its  clerk  of  his  consent  to  be  a  mem- 
ber thereof,  or  paying  a  tax,  or  subscription,  ac- 
cording to  whichever  of  these  modes  the  parish 
may  have  adopted  to  raise  money  for  lawful  pur- 
poses, will  be  deemed  to  have  thereby  dissolved  his 
connection  therewith ;  and  the  connection  will  re- 
main dissolved,  and  such  person  shall  not  be  taxa- 
ble, until  he  renews  the  connection,  by  giving  writ- 
ten notice  to  the  clerk  of  his  consent  to  be  a  mem- 
ber of  the  parish  ;  and  any  person  of  age  residing  in 
a  local  parish  may  become  a  member  of  such  par- 
ish, not  deriving  funds  from  the  State,  by  giving 
written  notice  to  its  clerk  of  his  intention  to  do  so 


70      Laws  Relating  to  Religious  Corporations. 

within  one  year  after  he  is  of  age  or  removes 
thereto. 

Sec.  i6.  No  person  shall  be  a  member  of  a  parish 
or  religious  society  without  his  consent ;  and  any 
person  may  dissolve  his  connection  therewith  by 
leaving  with  the  clerk  a  certificate  of  his  intention 
to  do  so,  and  his  liability  for  future  expenses  ceases 
thereby ;  but  he  may  be  taxed  for  money  previous- 
ly raised,  except  in  case  of  removal  from  a  local 
parish. 

Sec.  17.  No  territorial  parish  is  hereby  dissolved  ; 
and  when  one  or  more  parishes  are  set  off  from  a 
town,  or  incorporated  therein,  as  aforesaid,  the  re- 
maining part  shall  be  the  first  parish. 

Sec.  18.  No  person  shall  vote  in  meetings  of  any 
territorial  parish  who  is  not  the  owner  or  occupant 
of  a  pew  in  its  house  of  worship,  nor  contributes  to 
its  support. 

Sec.  19.  The  wardens  of  Episcopal  Churches,  the 
stewards  or  trustees  of  Methodist  Episcopal  Church- 
es, and  the  deacons  of  all  other  Protestant  Churches, 
are  so  far  corporations  as  to  take  in  succession  all 
grants  and  donations  of  real  and  personal  estate 
made  to  their  churches,  or  to  them  and  their  suc- 
cessors ;  and  if  the  ministers,  elders,  or  vestry  are 
joined  with  such  church-wardens  or  deacons  in  such 
grants  and  donations,  the  two  classes  of  officers  are 
made  corporations  for  that  purpose. 

Sec.  20.  The  ministers  of  a  parish  or  religious  so- 
ciety, and  the  deacons,  elders,  trustees,  stewards, 
and  other  presiding  officers  of  a  religious  society  or 
church,  having,  by  its  usages,  no  settled  minister, 


Maine,  71 

may  take  in  succession  any  estate  granted  to  the 
minister  and  his  successors,  or  for  the  use  of  the  min- 
istry or  poor  of  the  church,  and  may  prosecute  and 
defend  all  suits  respecting  it ;  but  they  cannot  legal- 
ly so  take  while  the  clear  annual  income  of  prior 
grants  is  three  thousand  dollars. 

Sec.  21.  No  conveyance  of  such  estate  by  a  min- 
ister will  be  valid  longer  than  he  is  in  the  minis- 
try; or  by  such  deacons  or  other  officers  longer 
than  they  are  in  office,  if  made  by  them  without 
the  consent  of  the  church,  or  by  church-wardens 
without  the  consent  of  the  vestry. 

Sec.  22.  The  records  of  a  parish  are  required  to 
be  open  to  the  inspection  of  its  members,  and  to 
clerks  of  other  parishes;  and  each  clerk  must  fur- 
nish attested  copies  of  such  records,  on  request,  for 
a  reasonable  compensation. 

Sec.  23.  When  a  parish  or  religious  society  law- 
fully raises  money  by  taxation  it  may  appoint  its 
treasurer  a  collector  of  taxes,  who  will  possess  the 
same  powers  of  a  town  collector ;  and  such  parish 
or  religious  society  may  allow  a  similar  discount  on 
taxes  paid  within  the  time  fixed  by  it  at  a  legal 
meeting,  and  the  treasurer  must  give  like  public  no- 
tice thereof;  and  all  other  taxes  must  be  collected 
by  him  as  town  taxes  are.  When  the  treasurer  and 
collector  is  qualified,  the  assessors  are  required  to 
deposit  with  him  a  list  of  the  taxes,  with  the  warrant 
for  their  collection. 

Sec.  24.  The  overseers  of  each  monthly  meeting 
of  the  Quakers  may  take  and  hold  in  succession  all 
grants  of  real,  personal,  or  mixed  estate  made  to 


72       Laivs  Relating  to  Religious  Corporations. 

them,  to  or  for  the  use  of  their  monthly  meetings,  to 
the  preparation  meetings  constituting  them,  or  to  the 
poor  thereof :  and  also  all  grants  of  real  estate  sit- 
uated within  the  limits  of  their  monthly  meetings,  and 
donations  of  personal  estate  given  by  persons  living 
within  said  limits,  made  to  or  for  the  use  of  any  quar- 
terly meetings  of  said  Quakers  to  said  overseers  for 
their  use,  or  to  the  poor  thereof;  and  may  convey 
and  manage  such  estate  according  to  the  terms  and 
conditions  on  which  it  was  given,  and  may  sue  in 
their  own  names  for  any  right  that  has  vested  in  the 
grantees  or  donees,  though  the  annual  income  thereof 
to  one  meeting  for  such  uses  does  not  exceed  five 
thousand  dollars.  These  powers  may  be  enlarged, 
restrained,  or  repealed  by  the  Legislature. 

MEETING-HOUSES. 

Sec.  25.  When  it  is  deemed  expedient  by  any  or- 
ganized parish  to  become  the  owner  of  the  pews  in 
any  meeting-house  used  by  it  as  a  place  of  regular 
worship,  a  meeting  of  the  owners  and  occupants  there- 
of may  be  called,  as  provided  in  section  six,  and  a 
majority  of  such  pew  owners  and  occupants  may  vote 
to  convey  the  pews  by  them  owned  or  occupied  to 
such  parish. 

Sec.  26.  Any  owner  or  occupant  of  a  pew  in  such 
meeting-house  who  shall  express  his  dissent  from 
such  vote  in  writing  to  the  parish  clerk  within  one 
month  from  such  meeting  shall  have  his  pew  ap- 
praised as  provided  in  section  twenty-nine,  and  the 
appraised  value  shall  be  tendered  to  him,  and  he 
shall  then  deliver  a  deed  of  such  pew  to  the  parish. 


Maine,  73 

If  such  dissent  is  not  expressed,  said  pew  shall  be 
forever  forfeited  to  the  parish. 

Sec.  27.  Any  persons  for  the  purpose  of  erecting 
a  meeting-house,  or  a  majority  in  interest  of  the 
owners  of  a  meeting-house,  not  a  parish,  may  incor- 
porate themselves  the  same  as  parishes  may,  and 
choose  officers,  and  do  all  other  acts  that  a  parish  may 
lawfully  do. 

Sec.  28.  A  majority  of  the  pew  owners  or  pro- 
prietors of  a  meeting-house,  present  at  a  legal  meet- 
ing called  for  that  purpose,  may  repair,  remodel,  or 
sell  and  convey  their  house,  or  the  land  used  with  it, 
or  remove  or  rebuild  it.  Any  meeting  relating 
thereto  may  be  called  by  an  application  to  a  justice 
of  the  peace  by  such  pew  owners  or  proprietors,  who 
must  issue  his  warrant  to  one  of  them  stating  the 
time,  place,  and  purpose  of  the  meeting,  and  direct- 
ing him  to  notify  said  pew  owners  or  proprietors,  by 
posting  up  a  certified  copy  of  such  warrant  fourteen 
days  on  the  principal  outer  door  of  their  house  of 
worship,  and  in  one  or  more  public  places  in  the 
same  town  :  or  the  warrant  may  be  published  in  a 
newspaper  printed  in  the  county  at  least  fourteen 
days  before  the  meeting. 

Sec.  29.  Before  such  alteration  or  sale  is  made, 
however,  an  appraisal  of  the  relative  value  of  the 
pews  must  be  made  by  three  discreet  persons  under 
oath,  to  be  elected  by  ballot  at  a  legal  meeting  of 
said  owners  or  proprietors.  If  a  sale  of  the  house 
and  land  is  made  it  may  be  private  or  public,  as  said 
meeting  determines,  and  the  moneys  must  be  ap- 
plied to  pay  the  expenses  of  sale,  and  the  debts  and 


74      Laws  Relating  to  Religious  Corporations. 

just  claims  against  the  property,  and  the  balance 
must  be  paid  to  the  pew  owners  or  proprietors,  in 
proportion  to  their  interest,  by  appraisal.  If  the 
meeting-house  is  altered  or  rebuilt,  the  appraisers, 
after  the  work  is  completed,  must  assign  to  the  for- 
mer pew  holders  pews  to  conform  as  near  as  practi- 
cable to  those  previously  held  by  them  :  and  the 
other  pews  may  be  sold  to  defray  the  expenses  of 
the  repairs  and  alterations,  or  otherwise  disposed  of 
as  the  proprietors  or  pew  owners  determine.  They 
may  choose  officers,  raise  and  assess  taxes  on  the 
pews,  and  collect  them  for  the  purpose  of  making 
such  repairs  and  alterations,  and  do  all  things  that  a 
parish  can  lawfully  do,  and  appoint  some  suitable 
agent  or  agents  to  make  such  sale  and  conveyance, 
or  repairs  and  alterations,  and  a  treasurer  of  trustees 
to  receive  and  distribute  the  proceeds  of  sale  in  man- 
ner aforesaid. 

Sec.  30.  When  it  is  decided  to  repair,  remodel,  or 
rebuild  a  meeting-house,  any  owner  or  proprietor 
dissenting  from  the  action  of  a  majority,  and  declin- 
ing to  take  any  interest  in  the  house  as  altered,  may 
demand  and  receive  of  such  majority  the  appraised 
value  of  his  interest,  after  deducting  his  proportion  of 
debts  against  the  property  to  be  recovered  in  an  ac- 
tion for  money  had  and  received,  which  cannot  be 
legally  commenced  till  thirty  days  after  such  demand, 
nor  after  the  lapse  of  a  year  after  notice  is  posted 
three  successive  weeks  on  the  meeting-house  door, 
and  some  other  conspicuous  place  in  its  precincts, 
stating  the  persons  to  whom  the  money  is  to  be  paid, 
the  amount  to  each,  and  the  time  limited  for  payment. 


Maine.  75 

If  such  sums  are  not  demanded  within  said  time,  it 
will  be  forfeited  to  the  majority  for  parish  uses. 

Sec.  31.  The  owners  of  a  meeting-house  or  build- 
ing for  public  worship  and  the  pew  owners  may  be 
incorporated  when  a  majority  of  them  apply  to  a 
justice  of  the  peace  therefor,  who  must  issue  his 
warrant  to  one  of  them  stating  the  time,  place, 
and  purpose  of  the  meeting,  and  directing  him  to 
notify  said  owners  by  posting  up  a  certified  copy  of 
it  fourteen  days  on  the  principal  outer  door  of  such 
building,  and  in  one  or  more  other  public  places  in  the 
same  town. 

Sec.  32.  When  so  assembled  they  may  choose  a 
moderator  and  clerk,  who  must  perform  the  usual 
duties  of  such  officers :  and  thereupon  such  owners 
are  constituted  a  corporation,  to  be  known  by  such 
name  as  they  adopt,  and  they  may  agree  on  the  mode 
of  calling  future  meetings. 

Sec.  33.  Such  corporation,  by  a  majority  vote  of 
its  members,  may  use  and  control  its  meeting-house 
or  building  for  public  worship.  But  the  provisions 
of  law  stated  in  this  and  the  last  preceding  sec- 
tion are  not  to  affect  the  rights  of  owners  of  houses 
of  worship  built  by  different  religious  denominations. 

Sec.  34.  When  there  has  been  no  meeting  of  the 
incorporated  owners,  or  the  proprietors  or  owners,  of 
a  meeting-house  or  building  for  public  worship  for 
three  years,  a  meeting  may  be  called  on  application 
of  three  or  more  members  thereof  to  a  justice  of  the 
peace,  who  shall  issue  his  warrant  to  one  of  them 
stating  the  time,  place,  and  purpose  of  the  meeting, 
directing   him    to   notify   such    meeting   by  posting 


76       Laws  Relating  to  Religions  Corporations. 

up  a  certified  copy  of  said  warrant  three  weeks  be- 
fore the  time  of  meeting  on  the  principal  outer  door 
of  such  meeting-house  or  building,  and  in  one  or 
more  public  places  in  the  same  town,  and  publishing 
it  in  a  newspaper  published  in  the  county,  or  in  the 
State  paper. 

Sec.  35.  When  a  house  of  public  worship  is  owned 
by  persons  of  different  denominations,  and  when  an 
organized  society  or  its  members  own  five  pews 
therein,  one  or  more  of  the  minority,  owning  not  less 
than  five  pews,  may  apply  to  a  justice  of  the  -peace 
and  quorum  to  obtain  a  division  of  the  time  of  occu- 
pying the  house,  and  must  call  a  meeting  of  the 
owners  by  posting  up  a  notice  in  a  public  place  in  or 
about  the  meeting-house  thirty  days  at  least  before 
the  meeting,  stating  the  time,  place,  and  object  of 
the  meeting. 

Sec.  36.  At  such  meeting  the  owners  who  are  not 
applicants,  or,  if  they  refuse  or  neglect,  the  justice 
who  called  the  meeting,  may  designate  another  jus- 
tice, and  the  two  may  appoint  the  third  person,  who 
is  disinterested,  and  not  an  inhabitant  of  the  town  in 
which  the  house  is  located,  or  belonging  to  the  de- 
nomination of  either  party  interested  ;  and  the  three 
will  be  a  Board,  before  which  the  owners  may  ex- 
hibit the  amount  they  own  in  the  house ;  and  the 
minority,  owning  at  least  five  pews,  must  have  their 
part  allotted  them  as  nearly  as  may  be  in  proportion 
to  the  amount  they  own  in  the  house,  and  the  Board 
must  designate  which  weeks  in  each  year  the  minor- 
ity, if  they  please,  may  occupy  the  house  ;  if  they  do 
not,  the  majority  may. 


Maine,  77 

Sec.  37.  The  Board  shall  appraise  the  value  of  the 
minority's  proportion  of  the  house,  allowing  no  more 
for  a  pew  than  was  actually  paid  for  it  by  the  owners, 
make  a  record  of  their  proceedings,  and  within  ten 
days  cause  it  to  be  transcribed  into  the  records  of 
the  town  where  the  house  is. 

Sec.  38.  All  their  reasonable  expenses  must  be 
paid  by  the  person  or  persons  who  requested  the 
division.  But  the  above  provisions  shall  not  affect 
any  agreement  now  in  force  between  the  parties  as 
to  the  mode  of  occupying  such  house. 

Sec.  39.  The  minority  may  occupy  the  house  their 
allotted  time,  unless  the  majority  purchase  their  in- 
terest by  paying  the  minority  the  sum  at  which  it 
was  appraised  by  the  Board  ;  but  if  the  minority  de- 
cline so  to  sell,  they  shall  avail  themselves  of  the  pro- 
visions of  the  four  preceding  sections 

Chapter  124. 
OFFENSES. 

Sec.  17.  Whoever  on  the  Lord's  day,  or  at  any 
other  time,  behaves  rudely  or  indecently  within  the 
walls  of  any  house  of  public  worship,  willfully  inter- 
rupts or  disturbs  any  assembly  of  persons  for  relig- 
ious worship  within  the  place  of  such  assembly  or 
out  of  it ;  sells  or  exposes  to  sale  within  one  mile 
thereof,  and  during  the  time  of  their  meeting,  any 
intoxicating  liquors,  refreshments,  or  merchandise, 
except  in  his  usual  course  and  place  of  business  ; 
exhibits  any  shows  or  plays  ;  engages  or  aids  in  any 
horse-race,  gaming,  or  other  sports  to  the  disturb- 
ance   of   such   assembly,   or,    coming   within   their 


f  8       Lazvs  Relating  to  Religious  Corporations. 

neighborhood,  refuses,  on  request,  either  immediate- 
ly and  peaceably,  to  retire  beyond  their  hearing, 
or  to  conform  to  the  established  regulation  of  the 
meeting,  shall  be  punished  by  imprisonment  not 
more  than  thirty  days,  and  by  fine  not  exceeding 
ten  dollars. 

Sec.  1 8.  On  application  of  the  presiding  elder, 
preachers  in  charge,  or  tent-masters  of  a  camp-meet- 
ing in  any  town,  the  municipal  officers  thereby  shall 
appoint,  in  writing  signed  by  a  majority  of  them,  one 
or  more  police  officers  to  preserve  the  peace  during 
such  meeting,  who  may  arrest  any  person  violating 
an}^  provision  of  the  preceding  section,  detain  him 
till  a  warrant  can  be  issued,  and  execute  such  war- 
rant when  directed  to  them  ;  and  the  presiding  offi- 
cer or  committee  of  arrangements  of  any  such  re- 
ligious assembly  or  meeting  may  appoint  some 
suitable  person  to  keep  boarders  and  sell  refresh- 
ments at  such  meetings,  who  shall  conform  therein 
to  such  regulations  as  the  officers  appointing  them 
prescribe. 

Sec.  19.  Every  justice  of  the  peace,  deputy  sheriff^ 
constable,  grand  juror,  and  tithing-man  present  at  any 
such  religious  assembly  disturbed  as  aforesaid  shall 
arrest  or  cause  to  be  arrested  every  such  offender, 
and  detain  him  until  the  close  of  such  assembly,  or 
until  he  can  be  taken  before  a  magistrate  ;  and  all 
persons  present  at  such  assembly,  on  request,  shall 
assist  said  officers  in  the  execution  of  their  duty, 
under  the  same  penalties  for  neglect  or  refusal  that 
are  provided  for  neglecting  or  refusing  to  aid  officers 
in  other  cases. 


Maine,  79 

Sec.  24.  Tithing-men  or  other  persons  may  prose- 
cute for  all  offenses  described  in  sections  seventeen, 
twenty,  and  twenty-one,  at  any  time  within  six 
months  after  the  commission  thereof,  in  any  compe- 
tent court. 


Chapter  XVI.  — Maryland. 

Public  General  Laws,  Adopted  1860.— Article  26. 

Who  may  Incorporate — Powers  of  Trustees — Limitation  of  In- 
come— Where  Elections  must  be  Held,  and  who  may  Vote — Qualifi- 
cations of  Trustees — Ministers  are  Voters — How  settle  Disputes — 
Plans  adopted  at  the  first  Meeting — Recorded — Powers  Defined — 
Division  of  a  Society — Disturbing  Religious  Meetings. 

Sec.  'i%.  In  every  Christian  church,  society,  or  con- 
gregation, of  whatever  sect,  order,  or  denomination, 
known  and  acknowledged  in  the  State,  and  protected 
in  the  free  and  full  exercise  of  their  religion  by  the 
constitution  and  laws  thereof,  there  shall  be  sufficient 
power  and  authority  in  all  the  male  persons  above 
twenty-one  years  of  age  belonging  to  any  such 
church,  society,  or  congregation,  to  elect,  at  their 
discretion,  certain  sober  and  discreet  persons,  not 
less  than  five  nor  more  than  thirteen  ;  which  persons, 
so  elected,  upon  being  registered  as  hereinafter  di- 
rected, are  constituted  a  body  politic  or  corporate  to 
act  as  trustees  in  the  name  and  behalf  of  the  partic- 
ular church,  society,  or  congregation  for  which  they 
are  respectfully  chosen,  and  to  manage  the  estate, 
property,  interest,  and  inheritance  of  the  same. 

Sec.  89.  The  trustees  so  elected  shall  have  per- 
petual succession  by  their  name  of  incorporation,  and 


8o      Laws  Relating  to  Religious  Corporations. 

are  capable  in  law  to  purchase,  take,  and  hold,  to 
them  and  their  successors,  in  fee  or  for  a  less  estate, 
any  lands,  tenements,  or  hereditaments,  rents  or  an- 
nuities, goods  or  chattels  within  this  State,  by  the 
gift,  bargain,  sale,  or  devise  of  any  person,  body  poli- 
tic or  corporate,  capable  of  making  the  same,  and  to 
use  or  lease,  mortgage  or  sell,  and  convey  the  same 
in  such  manner  as  they  may  judge  most  conducive 
to  the  interests  of  their  respective  churches,  socie- 
ties, or  corporations  ;  provided  that  nothing  herein 
shall  authorize  any  sale,  mortgages,  or  other  disposi- 
tion of  any  property  held  by  such  corporation  under 
any  instrument  prohibiting  such  sale,  and  provided 
the  clear  yearly  value  of  the  estate  of  any  church, 
society,  or  congregation  (exclusive  of  the  rents  of 
pews,  collections  in  churches,  funeral  charges,  and  the 
like)  shall  not  exceed  the  clear  yearly  value  of  two 
thousand  dollars. 

Sec.  90.  Every  such  body  politic  shall  be  chosen, 
and  the  succession  kept  up,  at  such  times  and  places 
as  are  ordinarily  used  for  the  public  meetings  of  the 
said  church,  society,  or  congregation,  and  by  such 
persons  as  are  allowed  to  have  a  voice  in  the  man- 
agement and  direction  of  congregational  or  tem- 
poral concerns,  according  to  the  known  custom  and 
usage  of  their  respective  denominations  ;  or  the  said 
body  politic  or  corporate  shall  be  chosen,  and  the  suc- 
cession kept  up,  according  to  the  rules,  regulations, 
and  practice  that  may  have  been  heretofore  adopted 
and  agreed  upon,  or  that  shall  be  at  the  first 
time  of  electing  agreed  upon  and  adopted  by  any 
particular  church,  society,  or  congregation,  for  direct- 


Maryland,  8i 

ing  or  managing  their  congregational  or  temporal 
affairs. 

Sec.  91.  Every  trustee  or  member  of  any  corpo- 
ration aforesaid  shall  be  of  the  same  religious  sect  or 
denomination  with  the  church,  society,  or  corporation 
by  which  he  is  chosen. 

Sec,  92.  The  minister  for  the  time  being,  or  senior 
minister,  where  there  are  more  than  one  settled  in 
any  church,  society,  or  congregation,  shall  always,  in 
virtue  of  his  ministry,  be  a  member  of  the  body  pol- 
itic or  corporate,  belonging  to  the  same,  exclusive  of 
the  number  heretofore  prescribed. 

Sec.  93.  If  any  contest  shall  arise  in  any  church, 
society,  or  congregation  about  the  right  of  voting,  or 
whether  the  election  has  been  fairly  conducted,  agree- 
ably to  the  time,  intent,  and  meaning  of  this  article,  the 
parties  contending  shall  each  of  them  choose  one  dis- 
creet and  reputable  person  from  among  the  members 
or  trustees  of  some  neighboring  congregation  or  socie- 
ty of  the  same  religious  persuasion,  if  any  such  there 
be,  and  if  none  such,  then  any  other  Christian  socie- 
ty, which  two  persons  shall  choose  a  third,  qualified 
in  like  manner,  and  the  said  three  persons  shall  meet 
at  the  place  where  the  difference  has  arisen,  and  hear 
and  determine  upon  the  matter;  and  their  judgment 
or  award,  or  the  judgment  of  a  majority  of  them, 
certified  under  their  hands  and  seals,  to  the  contend- 
ing parties  shall  be  final. 

Sec.  94.  At  the  first  election  or  appointment  of 
every  body  politic  or  corporate  aforesaid,  every 
church,  society,  or  corporation,  assembled  as  already 
directed,  shall  determine  on  their  plan,  agreement,  or 


82       Lazvs  Relating  to  Religious  Corporations. 

regulation,  specifying  distinctly  the  time  and  manner 
of  electing  trustees,  and  the  manner  in  which  the 
succession  shall  be  perpetuated,  and  containing  an 
exact  description  of  the  qualifications  of  the  persons 
severally  electing  and  elected,  and  to  elect,  and  to  be 
elected  thereafter,  and  also  the  name,  style,  or  title 
of  the  corporation  by  which  it  shall  thereafter  be 
known,  and  the  name  of  the  church,  society,  or  con- 
gregation choosing  the  same. 

Sec.  95.  The  said  plan,  agreement,  or  regulation 
shall  be  entered  in  the  book  hereinafter  directed  to 
be  kept  by  every  such  corporation  ;  and  the  same 
shall  be  acknowledged  by  the  trustees,  or  a  majority 
of  them,  before,  and  certified  by,  two  justices  of  the 
peace  of  the  county  in  which  the  said  church,  congre-' 
gation,  or  society,  or  the  greatest  number  of  them, 
shall  reside ;  or  the  same  may  be  acknowledged  be- 
fore, and  certified  by,  a  judge  of  the  circuit  court, 
after  being  well  assured  by  the  said  trustees,  or  a 
majority  of  them,  that  the  proceedings  have  been 
legally  and  duly  conducted. 

Sec.  96.  The  plan  or  agreement,  so  acknowledged 
and  certified,  shall  be  filed  by  the  said  trustees  with 
the  clerk  of  the  Circuit  Court  of  the  county  where 
the  said  church,  society,  or  congregation,  or  the 
greater  part  of  them,  reside,  or  the  clerk  of  the  Su- 
perior Court  of  Baltimore  city  if  they,  or  the  greater 
part  of  them,  reside  in  the  city  of  Baltimore  within 
six  months  after  such  acknowledgments  have  been 
made,  and  the  same  shall  be  recorded,  at  the  expense 
of  the  corporation,  in  a  book  to  be  kept  for  that  es- 
pecial purpose. 


Maryland.  83 

Sec.  97.  If  any  change  shall  be  made  in  the  orig- 
inal plan  by  authority  of  the  congregation,  such 
change  shall,  in  the  same  manner,  be  made  known 
and  recorded. 

Sec.  98.  Every  such  corporation  or  body  politic, 
their  successors,  or  a  majority  of  them,  may  appoint 
the  times  and  places  of  their  meeting,  and  the  num- 
ber necessary  to  constitute  a  quorum,  and  shall  pro- 
vide and  keep  a  good  and  sufficient  record  book,  and 
cause  to  be  therein  registered  all  their  proceedings, 
subject  at  all  times  to  the  inspection  of  the  several 
members  of  the  church,  society,  or  congregation, 
and  the  same  shall  be  laid  before  a  public  meeting 
when  required  by  any  five  or  more  of  the  same,  and 
the  said  trustees,  or  a  majority  of  them,  shall  have 
full  power  to  frame  such  rules  and  ordinances  for 
conducting  their  concerns  as  may  be  necessary  and 
convenient  for  accomplishing  the  ends  of  their  insti- 
tution. 

Sec.  99.  When  any  number  of  persons  belonging 
to  any  church  or  congregation,  sufficient  to  build  a 
church  or  house  of  worship  and  maintain  a  minister, 
shall  choose  to  separate  from  the  church  or  congre- 
gation of  which  they  have  hitherto  been  a  part,  and 
to  erect  a  house  of  worship,  and  employ  a  minister 
for  themselves,  it  shall  be  lawful  for  them  to  do  so ; 
and  they  shall,  by  their  respective  name  or  style,  be 
entitled  to  all  the  benefits  of  this  article  relating  to 
their  incorporation  ;  provided  only ,  that  all  arrearages, 
debts,  and  engagements  contracted,  due,  or  becoming 
due  while  members  of  the  former  society,  shall  be 
punctually  and  faithfully  discharged. 


84      Laws  Relating  tu  Religious  Corporations, 

Sec.  100.  The  person  or  persons  holding  lands,  or 
goods  and  chattels,  in  trust  for  any  particular  church 
or  Society,  shall  convey  the  same  to  the  corporation 
of  such  particular  church  or  society  as  soon  as  the 
same  shall  be  formed  under  this  article. 

Sec.  id  I.  Nothing  in  this  article  shall  prevent  the 
Protestant  Episcopal  Church  from  incorporating  the 
vestries  in  the  several  parishes,  according  to  the 
usages  of  the  said  church. 

Article  30. 
DISTURBING  RELIGIOUS   MEETINGS. 

Sec.  164.  If  any  person  shall  erect,  place,  or  have 
any  booth,  stall,  tent,  carriage,  boat,  vessel,  or  other  ve- 
hicle or  contrivance  whatever,  for  the  purpose  or  use 
of  selling,  giving,  or  otherwise  disposing  of  any  kind 
of  spirituous  or  fermented  liquors,  or  any  other  article 
of  traffic,  within  two  miles  of  any  camp-meeting,  or 
other  place  of  religious  worship,  during  the  time  of 
holding  any  meeting  for  religious  worship  at  such 
place,  such  person,  upon  conviction  before  a  justice 
of  the  peace,  for  the  first  offense  shall  be  fined  not 
less  than  five  nor  more  than  twenty  dollars,  and 
stand  committed  to  jail  until  the  fine  and  cosls  are 
paid  ;  and  for  the  second  offense  shall  be  fined  as 
aforesaid,  and  be  imprisoned  not  less  than  ten  nor 
more  than  thirty  days. 

Sec.  165.  If  any  person  shall  commit  an  offense 
against  the  provisions  of  the  preceding  section  he 
shall,  in  addition  to  the  penalties  therein  mentioned, 
forfeit  all  such  spirituous  or  fermented  liquors,  and 
other  articles  of  traffic,  and  all  the  chests  and  other 


Maryland.  85 

things  containing  the  same  belonging  to,  and  in  the 
possession  of,  the  person  so  offending,  together  with 
such  booth,  stall,  tent,  carriage,  boat,  vessel,  vehicle,  or 
other  contrivance  or  thing  prepared  and  used  in  vio- 
lation of  said  section.  And  it  shall  be  the  duty  of 
any  sheriff,  deputy  sheriff,  or  constable,  if  he  sees 
any  person  violating  the  preceding  section,  to  arrest 
the  offender  and  carry  him  before  a  justice  of  the 
peace.  The  sheriff,  deputy  sheriff,  or  constable, 
when  he  arrests  the  offender,  shall  seize  the  property 
hereby  declared  to  be  forfeited,  or  shall  seize  the 
same  on  a  warrant  against  the  offender  if  such  of- 
fender cannot  be  found,  and  the  justice  of  the  peace 
before  whom  such  offender  is  convicted,  or  before 
whom  the  warrant  is  returned  that  the  offender  can- 
not be  found,  shall  enter  judgment  of  condemnation 
against  such  property,  and  issue  z.  fieri  facias  for  the 
sale  thereof;  provided,  that  the  person  who  has  been 
returned  not  found,  and  whose  property  has  been  con- 
demned in  his  absence,  may  appear  at  any  time  before 
the  sale  of  the  property  and  have  the  case  tried,  as  if 
he  had  appeared  at  the  return  of  the  warrant. 

Sec.  166.  The  provisions  of  the  two  preceding  sec- 
tions shall  not  apply  to  any  licensed  tavern-keeper, 
merchant,  shop-keeper,  farmer,  or  other  person  in  the 
usual  and  lawful  transaction  of  his  ordinary  business, 
in  the  usual  place  of  transacting  such  business,  or  to 
any  person  having  permission  in  writing  from  the 
supervision  of  such  meeting,  to  sell  such  articles  as 
may  be  named  in  such  permission. 

Sec.  167.  If  any  person  shall  disturb  any  congrega- 
tion, society,  or  meeting  assembled  for  the  purpose  of 


86      Laws  Relating  to  Religious  Corporations. 

religious  worship,  by  blowing  horns  or  trumpets,  firing 
guns,  or  by  any  riotous  or  disorderly  conversation,  or 
by  any  other  means,  with  intent  to  interrupt  or  dis- 
turb the  worship,  devotion,  or  exercises  of  such  con- 
gregation, society,  or  meeting,  or  of  any  of  the  per- 
sons attending  such  meeting,  he,  on  conviction 
before  any  justiqe  of  the  peace  in  the  county  where- 
in such  offense  shall  be  committed,  shall  be  fined 
not  less  than  five  nor  more  than  twenty  dollars,  and 
be  committed  to  jail  until  the  fine  and  costs  are 
paid. 

Sec.  i68.  If  any  negro  shall  at  any  time  be  found 
lurking  about  in  the  neighborhood,  within  one  mile 
of  any  camp-meeting,  selling,  bartering,  or  otherv/ise 
disposing  of  spirituous  liquors,  wine,  porter,  beer, 
cider,  or  other  fermented,  mixed,  or  strong  drink,  he 
shall,  on  conviction  before  a  justice  of  the  peace,  be 
sentenced  by  the  said  justice  forthwith  to  receive  on 
his  bare  back  such  number  of  stripes  as  he  shall  or- 
der, not  less  than  ten,  nor  more  than  thirty-nine. 

Sec.  169.  All  fines  imposed  and  collected  under 
this  article  for  disturbing  religious  meetings  shall  be 
paid  to  the  county ;  and  nothing  in  this  article  shall 
prevent  the  courts  of  record  from  exercising  their 
common  law  jurisdiction  in  all  cases  for  disturbing 
public  worship.  And  the  party  convicted  under  any 
of  the  preceding  sections,  relating  to  religious  meet- 
ings, shall  have  the  right  to  appeal  to  the  next  cir- 
cuit court  for  the  county  where  the  conviction  is  had, 
upon  giving  bail  for  his  appearance  at  court,  and  upon 
such  appeal  shall  be  entitled  to  a  trial  by  jury. 


Massachusetts,  87 


Chapter  XVII.— Massachusetts. 

General  Statutes  1860-66.— Chapter  30. 

Religious  Societies  to  be  Corporate— Rights — Societies  may  Organ- 
ize themselves — Membership — Voters — Organization — Meetings — 
How  Warned — Protestant  Episcopal  Societies — Taxes — Unincorpo- 
rated Societies — Proprietors  of  Churches — Trustees  of  Methodist 
Episcopal  Church — Copy  of  Record — Disturbing  Religious  Worship. 

Sec.  I.  Every  religious  society  established  or  or- 
ganized by  virtue  of  any  statute  shall  be  a  body  cor- 
porate, with  the  powers  given  to  corporations  by 
chapter  sixty-eight,  and  the  powers,  privileges,  and 
duties  set  forth  in  this  chapter ;  but  this  chapter 
shall  not  enlarge  nor  diminish  the  powers  of  taxation 
enjoyed  by  any  religious  society  by  virtue  of  a  spe- 
cial law  or  act  of  incorporation,  nor  impair  existing 
rights  of  property  of  any  territorial  parish. 

Sec.  2.  Religious  societies,  whether  incorporate  or 
unincorporate,  shall  continue  to  have  and  enjoy  their 
existing  rights,  privileges,  and  immunities,  except  so 
far  as  the  same  may  be  limited  or  modified  by  the 
provisions  of  this  chapter. 

Sec.  3.  The  respective  churches  connected  and 
associated  in  public  worship  with  such  religious  so- 
cieties shall  continue  to  have,  exercise,  and  enjoy  all 
their  accustomed  privilegs  and  liberties  respecting 
divine  worship,  church  order,  and  discipline,  and  shall 
be  encouraged  in  the  peaceable  and  regular  enjoy- 
ment and  practice  thereof 

Sec.  4.  A  religious  society  that  is  not  incorporate, 
or  which  may  be  unable  to  assemble  in  the  usual 


88       Lazvs  Relating  to  Religious  Corporations. 

manner,  if  it  contains  ten  or  more  qualified  voters, 
may  organize  and  become  a  corporation,  with  the 
powers,  privileges,  duties,  liabilities,  and  requirements 
of  such  societies,  and  may  hold  so  much  estate,  real 
or  personal,  as  may  be  necessary  for  the  objects  of 
such  organization,  and  no  more ;  but  all  the  powers 
derived  from  such  organization  may  be  revoked  by 
the  Legislature. 

Sec.  5.  Any  justice  of  the  peace  for  the  county 
in  which  such  society  may  be,  upon  application  in 
writing  by  five  or  more  of  the  qualified  voters  there- 
of, may  issue  his  warrant,  directed  to  some  one  of 
the  apphcants,  stating  the  objects,  and  requiring  him 
to  warn  the  qualified  voters  of  the  society  to  meet 
at  a  time  and  place  appointed  in  the  warrant,  and 
the  same  may  be  served  by  posting  an  attested  copy 
thereof  on  the  principal  outer  door  of  the  meeting- 
house, or  leaving  such  copy  with  or  at  the  last  and 
usual  place  of  abode  of  such  voters,  seven  days  at 
least  before  such  meeting ;  and,  upon  due  return 
thereof,  the  same  justice,  or  any  other  justice  of  the 
peace  for  the  county,  may  preside  at  the  meeting  for 
the  choice  and  qualification  of  a  clerk,  who  shall 
enter  at  large,  upon  the  records  of  the  society,  the 
proceedings  had  in  the  organization  thereof;  and  the 
society  may  thereupon  proceed  to  choose  a  modera- 
tor, and  do  such  other  things  as  parishes  are,  by  law, 
authorized  to  do  at  their  annual  meetings  ;  provided, 
the  subject-matter  thereof  is  inserted  in  the  warrant. 

Sec.  6.  Persons  belonging  to  a  religious  society 
shall  be  held  to  be  members  until  they  file  with  the 
clerk  a  written  notice  declaring  the  dissolution  of 


Massachusetts,  -  89 

their  membership,  and  they  shall  not  be  liable  for  any 
grant,  or  contract,  thereafter  made  or  entered  into 
by  such  society.  No  person  shall  be  made  a  member 
of  such  society  without  his  consent  in  writing. 

Sec.  7.  Every  religious  society  may  make  by-laws 
not  repugnant  to  the  laws  of  the  commonwealth, 
and  therein  prescribe  the  manner  in  which  persons 
may  become  members. 

Sec.  8.  No  person  shall  have  a  right  to  vote  in  the 
affairs  of  such  society  unless  he  is  a  member  thereof 

Sec.  9.  The  qualified  voters  of  every  parish  and 
incorporated  religious  society,  and  of  every  society 
organized  according  to  the  provisions  of  this  chapter, 
shall  hold  an  annual  meeting  in  the  month  of  March 
or  April,  or  at  such  other  time  as  they  may  prescribe 
by  their  by-laws  ;  and  if  the  by-laws  do  not  other- 
wise determine,  at  a  time  and  place  appointed  by  the 
assessors  or  standing  committee ;  and  at  such  meet- 
ing shall  choose  a  moderator,  clerk,  two  or  more  as- 
sessors, a  treasurer,  and  collector,  and  such  other 
officers  as  they  think  necessary,  all  of  whom,  except 
the  moderator,  shall  continue  in  office  till  the  next 
annual  meeting,  and  till  others  are  chosen  and  quali- 
fied in  their  stead. 

Sec.  10.  Moderators  of  meetings  held  for  the  choice 
of  officers  shall  be  elected  by  written  ballots.  Clerks, 
assessors,  treasurers,  and  collectors  shall  be  elected 
by  written  ballot,  and  shall  be  sworn.  Other  officers 
may  be  elected  in  such  mode  as  the  society  may  de- 
termine. 

Sec.  II.  The  prudential  affairs  of  such  societies 
shall  be  managed  by  their  assessors,  or  a  standing 


90        Laws  Relating  to  Religious  Corporations. 

committee  specially  appointed  for  that  purpose  ;  and 
the  assessors  or  committees  shall  have  like  authority 
for  calling  meetings,  as  selectmen  have  for  calling 
town  meetings. 

Sec.  12.  If  there  are  no  assessors  or  committee, 
or  if  they  unreasonably  refuse  to  call  a  meeting,  any 
justice  of  the  peace  for  the  county,  upon  the  applica- 
tion of  not  less  than  five  qualified  voters,  may  call 
one,  in  the  manner  provided  in  section  five. 

Sec.  13.  The  as  sessorsor  committee  shall  insert 
in  the  next  warrant  they  issue  for  calling  a  meeting 
any  matter  which  not  less  than  five  qualified  voters 
of  the  society  in  writing  request.  Nothing  acted 
upon  shall  have  any  legal  operation,  unless  the 
subject-matter  thereof  was  inserted  in  the  warrant. 

Sec.  14.  Meeting  shall  be  warned  in  the  manner 
provided  by  any  by-law  or  vote  of  the  society,  and 
when  no  provision  is  made,  in  such  manner  as  the 
assessors  and  standing  committee  in  their  warrant  for 
such  meeting  direct. 

Sec.  15.  The  clerk,  or  if  there  is  no  clerk,  or  he  is 
absent,  the  assessors,  or  the  standing  committee,  or 
any  one  of  them,  shall  preside  in  the  choice  of  a 
moderator  ;  and  a  clerk  may  then  be  chosen  either 
pro  tempore^  or  to  fill  the  vacancy,  as  the  case  may 
require.  The  moderator  may  administer  the  oath  of 
office  to  the  clerk,  and  the  clerk  to  the  assessor  and 
collector  ;  or  said  oath  may  be  administered  by  a 
justice  of  the  peace  ;  and  it  shall  be  substantially 
the  same  as  is  required  to  be  taken  by  the  clerk, 
assessors,  and  collectors  of  towns. 

Sec.    16.    The    moderator    shall    have    the    same 


Mas  sack  usetts,  9 1 

power  as  the  moderator  of  a  town  meeting ;  and 
persons  guilty  of  disorderly  behavior  at  a  meeting 
shall  be  subject  to  the  penalties  and  punishments 
provided  for  like  offenses  in  town  meetings. 

Sec.  17.  If  the  person  chosen  collector  is  present 
and  accepts  the  office,  he  shall  forthwith  be  sworn.  If 
not  present,  he  shall  be  summoned  to  take  the  oath 
by  a  constable,  or  any  person  whom  the  clerk  or  as- 
sessors may  appoint  for  the  purpose.  Upon  the  re- 
fusal or  neglect  of  a  person  present  to  accept  the 
office  at  the  time,  and  upon  the  neglect  of  a  person 
so  summoned,  for  the  space  of  seven  days,  to  appear 
and  take  the  oath,  the  society  shall  proceed  to  a 
new  choice ;  and  so  from  time  to  time,  until  some 
person  accepts  and  is  sworn. 

Sec.  18.  Vacancies  in  any  of  the  annual  offices, 
occurring  after  the  annual  meeting,  may  be  filled  at 
any  other  legal  meeting. 

Sec.  19.  The  rector,  or  one  of  the  wardens  of  religious 
societies  belonging  to  the  body  of  Christians  known 
as  the  Protestant  Episcopal  Church,  organized  under 
the  laws  of  the  commonwealth,  may,  unless  it  is  other- 
wise provided  in  some  by-law,  preside  at  their  meet- 
ings with  all  the  power  of  a  moderator  ;  and  the  ward- 
ens, or  the  warden  and  vestry,  may  exercise  all  the 
power  of  a  standing  committee,  in  accordance  with 
the  usage  and  discipline  of  said  Church.  Unless 
they  assess  or  collect  a  tax  on  the  polls,  estates,  or 
pews  of  the  members  thereof,  such  societies  need 
not  choose  a  collector  or  assessor ;  and  they  may  in 
their  by-laws  provide  that  the  duties  of  assessors 
shall  be  performed  by  the  wardens.     But  the  officers 


92        Laws  Relating  to  Religious  Corporations. 

upon  whom  the  duties  of  standing  committee  or 
assessors  may  devolve,  shall  in  all  cases  be  elected 
by  ballot. 

Sec.  20.  The  qualified  voters  of  each  religious  so- 
ciety at  the  annual  meeting,  or  at  any  other  meeting 
regularly  notified  seven  days  at  least  before  the  hold- 
ing thereof,  may  grant  and  vote  such  sums  of  money 
as  they  judge  necessary  for  the  settlement,  main- 
tenance, and  support  of  ministers  or  public  teachers 
of  religion  ;  for  the  building  or  repairing  of  houses  of 
public  worship ;  for  sacred  music,  for  the  purchase 
and  preservation  of  burial-grounds,  and  for  all  other 
necessary  parish  charges  ;  which  sums  shall  be  as- 
sessed on  the  polls  and  estates  of  all  the  members 
of  the  society,  in  the  same  manner  and  proportion  as 
town  taxes  are  by  law  assessed. 

Sec.  21.  The  assessors  shall  assess  the  taxes  upon 
the  property  (not  exempted  by  law  from  taxation)  of 
all  the  members  of  the  society,  including  their  real 
estate  within  the  State,  in  whatever  part  thereof  it 
may  be  situated,  and  their  personal  estate,  wherever 
the  same  may  be ;  and  no  citizen  shall  be  liable  to 
pay  a  tax  for  the  support  of  public  worship,  or  other 
parish  charges,  to  a  society  other  than  that  of  which 
he  is  a  member. 

Sec.  22.  No  corporation  shall  be  taxed  for  any 
parochial  purpose.  Nor  shall  any  person  be  taxed 
in  a  parish  or  religious  society  for  property  held  by 
him  as  guardian  or  trustee. 

Sec.  23.  Every  society  may  appoint  its  treasurer 
collector  of  taxes,  who  shall  have  like  powers,  and 
proceed  in  like  manner,  in  enforcing  the  collection  of 


Massachusetts.  93 

such  taxes  after  the  expiration  of  the  time  fixed  by 
the  society  for  the  payments  thereof  as  provided  in 
chapter  twelve  for  the  collection  of  taxes  by  collectors 
of  towns  ;  and  any  society  may  authorize  its  treas- 
urer and  collector  to  make  an  abatement  of  such  sum 
as  it  may  agree  upon,  at  its  annual  meeting,  to  those 
who  make  voluntary  payment  of  their  taxes  within 
such  periods  as  may  be  determined  by  the  society. 

Sec.  24.  Unincorporated  religious  societies  shall 
have  Hke  power  to  manage,  use,  and  employ  any  do- 
nation, gift,  or  grant  made  to  them  according  to  its 
terms  and  conditions,  as  incorporated  societies  have 
by  law  ;  may  elect  suitable  trustees,  agents,  or  officers 
therefor,  and  sue  for  any  right  which  may  vest  in 
them  in  consequence  of  such  donation,  gift,  or  grant ; 
for  which  purposes  they  shall  be  corporations. 

Sec.  25.*  Incorporated  and  unincorporated  relig- 
ious societies  may  appoint  trustees,  not  exceeding 
five  in  number,  to  hold  and  manage  trust  funds  for 
their  benefit,  who  shall  hold  their  offices  three  years, 
and  until  others  are  appointed  in  their  stead  ;  and  in 
case  of  a  vacancy,  by  death  or  otherwise,  the  parish 
may  fill  such  vacancy  at  its  next  annual  meeting,  or 
at  a  special  meeting  called  for  that  purpose.  Such 
societies,  at  or  before  the  time  of  the  first  appoint- 
ment of  the  trustees,  may  establish  rules  and  regula- 
tions for  their  government,  which  shall  be  considered 
as  of  the  nature  of  a  contract,  and  not  subject  to  al- 
teration or  amendment,  except  by  all  the  trustees  in 
office  at  the  time,  and  by  a  two-thirds  vote  of  the 
society  interested  therein. 

*  As  amended  in  1869. 


94        Laivs  Relating  to  Religious  Corporations. 

Sec.  26.  The  terms  "religions  society"  and  "so- 
ciety" in  the  preceding  sections  shall  include  par- 
ishes. 

Sec.  27.  Persons  owning,  or  proposing  to  build,  a 
house  of  public  worship,  may  organize  themselves  in 
the  same  manner  as  religious  societies  are  authorized 
to  do  by  the  provisions  of  this  chapter,  and  shall 
thereupon  become  a  corporation,  with  the  powers, 
privileges,  duties,  restrictions,  and  liabilities  set  forth 
in  chapter  sixty-eight  and  in  the  following  sections ; 
but  all  the  powers  derived  from  such  organization 
may  be  revoked  by  the  Legislature. 

Sec.  28.  Every  such  corporation  may  hold  so 
much  real  and  personal  estate,  in  addition  to  its 
meeting-house,  as  may  be  necessary  for  its  objects, 
and  has  been  agreed  and  determined  on  at  the  meet- 
ing held  for  the  purpose  of  organization,  and  the  an- 
nual income  thereof  shall  be  applied  to  parochial 
purposes. 

Sec.  29.  The  clerk  of  every  such  corporation  shall, 
within  ten  days  of  such  meeting,  leave  with  the  clerk 
of  the  town  or  city  in  which  such  house  of  worship 
is  situated,  or  is  about  to  be  built,  a  true  copy  of  the 
record  of  the  proceedings.  If  he  fails  to  do  so,  the 
organization  shall  be  void.  The  copy  shall  be  re- 
corded by  the  clerk  receiving  it  in  a  book  kept  for 
the  purpose,  for  which  he  shall  receive  the  fee  of  the 
register  of  deeds  for  like  services. 

Sec.  30.  When  the  proprietors  deem  it  expedient 
to  alter,  enlarge,  repair,  rebuild,  or  remove  their 
house,  or  build  a  new  one,  they  may,  at  a  legal  meet- 
ing called  for  that  purpose,  raise  such  sums  of  money 


Massachusetts.  95 

as  they  may  judge  necessary  for  the  purpose,  and  to 
purchase  land  necessgj"y  therefor. 

Sec.  31.  A  meeting  of  the  proprietors,  for  any  of 
the  purposes  aforesaid  may  be  called  in  the  manner 
prescribed  in  the  by-laws,  or  votes  of  the  corpora- 
tion, or  by  a  warrant  granted  by  a  justice  of  the 
peace  on  application  in  writing  by  any  five  of  said 
proprietors,  which  warrant  shall  be  directed  to  one 
of  the  applicants  ;  or  such  meeting  may  be  called  by 
a  notification  by  the  clerk  of  the  proprietors,  who 
shall  warn  a  meeting  on  a  like  application  to  him, 
and,  in  either  case,  the  meeting  may  be  warned  by 
notification  served  as  provided  in  section  five. 

Sec.  32.  Money  raised  may  be  assessed  on  the 
pews  in  such  house,  and  the  assessment  may  be  com- 
mitted to  the  treasurer  of  the  proprietors,  who  shall 
forthwith  give  notice  by  posting  up  an  advertisement 
at  the  principal  outer  door  of  the  house  stating  the 
completion  of  such  assessment,  and  the  day  of  the 
delivery  thereof  to  him  ;  and  if  any  part  of  the  said 
taxes  remains  unpaid  for  three  months  afterward,  the 
treasurer  shall  collect  the  same  forthwith  by  sales  at 
public  auction  of  the  pews  whereon  the  same  re- 
mains unpaid,  in  the  manner  provided  in  the  follow- 
ing sections. 

Sec.  33.  The  treasurer  shall  post  up  a  notification 
of  the  intended  sale  of  a  pew  for  taxes  at  the  princi- 
pal outer  door  of  such  house  at  least  three  weeks 
before  the  time  of  sale,  setting  forth  the  number  of 
the  pew,  if  any,  the  name  of  the  owner  or  occupant, 
if  known,  and  the  amount  of  the  tax  due  thereon  ; 
and  if  any  part  of  said  tax   remains  unpaid  at  the 


QjS       Laws  Relating  to  Religious  Corporations. 

time,  the  treasurer  shall  sell  the  pew  at  public  auc- 
tion to  the  highest  bidder,  and  shall  execute  and 
deliver  to  the  purchaser  a  sufficient  deed  of  convey- 
ance. The  money  arising  from  the  sale,  beyond  the 
charges  and  incidental  reasonable  charges,  shall  be 
paid  by  the  treasurer  to  the  former  owner  of  the  pew, 
or  to  his  assigns. 

Sec.  34.  An  affidavit  annexed  to  an  original  notifi- 
cation, or  to  a  copy  thereof,  made  before  a  justice  of 
the  peace,  and  recorded  on  the  proprietors'  records 
within  six  months  next  after  such  sale,  shall  be  al- 
lowed as  one  mode  of  proof  of  the  posting  up  of  the 
notification  hereinbefore  required. 

Sec.  35.  Such  proprietors,  for  the  purpose  of  build- 
ing a  new  house,  or  of  altering,  enlarging,  repairing, 
rebuilding,  or  removing  their  house  already  built,  may 
sell  their  house  or  take  down  any  pews  therein,  the 
pews  taken  being  first  appraised  by  three  or  more 
disinterested  persons  chosen  by  the  proprietors  for 
that  purpose.  The  pews  newly  rented  shall  be  sold 
by  the  treasurer  at  public  auction  to  the  highest  bid- 
der, and  deeds  thereof  given  in  like  manner  as  when 
pews  are  sold  for  the  payment  of  taxes.  The  money 
arising  from  such  sale  shall  be  applied,  so  far  as  may 
be  necessary,  to  paying  the  appraised  value  of  the 
pews  taken  down,  and  the  deficiency,  if  any,  shall  be 
paid  by  the  proprietors  of  such  house  within  thirty 
days  after  sale. 

Sec.  36.  Under  the  regulations  of  the  preceding 
section,  a  parish,  or  religious  society,  whenever  it 
deems  it  necessary,  for  the  purpose  of  building  a 
new  house,  or  of  altering,   enlarging,  removing,  or 


Massachusetts,  97 

rebuilding  its  house  already  built,  may  take  down 
any  pews  therein  or  sell  the  house. 

Sec.  37.  Nothing  contained  in  the  two  preceding 
sections  shall  entitle  a  person  to  compensation  for  a 
pew  so  taken  down,  when  such  house  is  unfit  for  the 
purposes  of  public  worship. 

Sec.  38.  Pews  shall  be  personal  estate.  But  this 
provision  shall  not  affect  any  existing  right  of 
dower. 

Sec.  39.  Corporations  for  religious  purposes  may 
assess  upon  the  pews  in  a  church  or  meeting-house 
which  they  have  erected  or  procured  for  public  wor- 
ship since  the  twenty-fifth  of  March,  1845,  according 
to  a  valuation  of  said  pews  which  shall  first  be  agreed 
upon,  and  recorded  by  the  clerk,  sums  of  money  for 
the  support  of  public  worship  and  other  parochial 
charges,  and  for  the  repairs  of  the  house.  Such  as- 
sessments may  be  collected  in  the  manner  provided 
in  sections  thirty- two  and  thirty-three. 

Sec.  40.  A  corporation  which  had  erected  or  pro- 
cured such  house  prior  to  the  twenty-fifth  day  of 
March,  1845,  may  avail  itself  of  the  provisions  of  the 
preceding  section  if  the  consent  of  all  the  pew  own- 
ers is  obtained,  or  two  thirds  of  the  members  present 
and  voting,  at  a  regular  meeting  called  for  that  pur- 
pose, so  determine. 

Sec  41.  A  religious  society  which  votes  to  avail 
itself  of  the  provisions  of  section  thirty  nine  shall, 
upon  the  application  of  a  person  owning  one  or  more 
pews  in  the  house,  within  one  year  after  said  vote, 
purchase  the  same  at  the  appraised  value.  Such  ap- 
praisal shall  be  made  by  three  disinterested  persons, 


98       Laws  Relating  to  Religious  Corporations. 

who  may  be  chosen,  one  by  the  pew  owner,  one  by 
the  society,  and  the  third  by  the  two  persons  thus 
chosen. 

Sec.  42.  Any  reUgious  society  complying  with  the 
requisitions  of  the  two  preceding  sections  shall  be 
entitled  to  the  privileges  and  subject  to  the  liabili- 
ties incident  to  those  religious  societies  which  have 
erected  or  procured  a  meeting-house  for  public  wor- 
ship since  the  25th  day  of  March,  1845. 

Sec.  43.  The  trustees  of  any  society  of  the  Meth- 
odist Episcopal  Church,  or  of  the  African  Methodist 
Episcopal  Church,  appointed  according  to  the  Disci- 
pline or  usages  thereof  respectively,  or  as  such  soci- 
ety chooses,  may  organize  and  become  a  corporation, 
with  powers,  privileges,  duties,  and  liabilities  of  chap- 
ter sixty-eight,  subject,  however,  to  account  to  the 
quarterly  meeting  of  such  society,  according  to  such 
discipline  and  usages.  But  all  powers  derived  from 
such  organization  may  be  revoked  by  the  Legisla- 
ture. 

Sec.  44.  Such  trustees  may  receive,  hold,  and 
manage  all  the  property,  both  real  and  personal, 
belonging  to  such  society,  and  sell  and  convey  the 
same,  and  hold  in  trust  gifts,  grants,  bequests,  or 
donations,  made  to  such  society  for  the  support  of 
public  worship,  and  other  religious  purposes  ;  pro- 
vided, that  the  annual  income  thereof,  exclusive  of 
the  meeting-house,  shall  not  exceed  four  thousand 
dollars. 

Sec.  45.  The  first  meeting  of  such  trustees  may 
be  called  by  a  justice  of  the  peace  upon  the  appHca- 
tion  of  three  or  more  trustees,  at  which  they  may 


Massachusetts.  99 

choose  a  secretary,  and  other  officers.  The  provis- 
ions of  this  chapter,  in  relation  to  the  warning  and 
organization  of  meeting  of  reUgious  societies,  shall,  so 
far  as  the  same  are  applicable,  be  in  force  in  regard 
to  meetings  for  the  organization  of  such  trustees. 
The  secretary,  before  entering  upon  the  duties  of  his 
office,  shall  be  sworn  to  the  faithful  discharge  of  the 
same,  and  a  record  of  such  oath  shall  be  kept  in  the 
records  of  their  proceedings. 

Sec.  46.  An  attested  copy  of  the  record  of  the 
proceedings  at  such  organization  shall  be  left  with 
the  town  or  city  clerk,  and  recorded  within  the  time, 
and  in  the  manner,  prescribed  in  section  twenty-nine. 
If  the  secretary  omits  to  leave  such  copy  within  the 
time  specified  the  organization  shall  be  void. 

Chapter  31. 

OF  DONATIONS   AND   CONVEYANCES  FOR  PIOUS  AND   CHAR- 
ITABLE  USES. 

Sec  I.  The  deacons,  church-wardens,  or  other 
similar  officers  of  all  churches  or  religious  societies, 
if  citizens  of  this  commonwealth,  shall  be  deemed 
bodies  corporate  for  the  purpose  of  taking  and  hold- 
ing in  succession  all  grants  and  donations,  whether 
of  real  or  personal  estate,  made  either  to  them  and 
their  successors,  or  to  their  respective  churches,  or 
to  the  poor  of  their  churches. 

Sec.  2.  When  the  ministers,  elders,  or  vestry  of  a 
church  are,  in  the  grants  or  donations  mentioned  in 
the  preceding  section,  joined  with  such  deacons  or 
church-wardens  as  donors  or  grantees,  such  officers 
and  their  successors,  together  with  the  deacons  or 


lOO     Lazus  Relating  to  Religious  Corporations. 

church-wardens,  shall  be  deemed  the  corporation  for 
the  purposes  of  such  grants  and  donations. 

Sec.  3.  The  minister  of  every  church  or  religious 
society  of  whatever  denomination,  if  a  citizen  of  this 
commonwealth,  shall  be  capable  of  taking  in  succes- 
sion any  parsonage  land  granted  to  the  minister  and 
his  successors,  or  to  the  use  of  the  ministers,  or 
granted  by  any  words  of  like  import,  and  may 
prosecute  and  defend  in  all  actions  touching  the 
same. 

Sec.  4.  No  conveyance  of  the  lands  of  a  church 
shall  be  effectual  to  pass  the  same  if  made  by  the 
deacons,  without  the  consent  of  the  church,  or  of  a 
committee  of  the  church  appointed  for  that  purpose, 
or  if  made  by  the  church-wardens  without  the  con- 
sent of  the  vestry. 

Sec.  5.  No  conveyance  by  a  minister  of  lands 
held  by  him  in  succession  shall  be  valid  any  longer 
than  he  continues  to  be  such  minister,  unless  such 
conveyance  is  made  with  the  consent  of  the  town, 
parish,  or  religious  society  of  which  he  is  a  minister, 
or  unless  he  is  the  minister  of  an  Episcopal  Church, 
and  makes  the  conveyance  with  the  consent  of  the 
vestry. 

Sec.  6.  The  several  churches  other  than  those  of 
the  Episcopal  denomination  may  choose  committees 
for  the  purpose  of  settling  the  accounts  of  the  deacons 
and  other  church  officers,  and  if  necessary,  to  com- 
mence and  prosecute  suits  in  the  name  of  the 
church  against  the  deacons,  or  other  officers  touch- 
ing the  same. 

Sec.   7.  The  income  of  such  grant  or   donation 


Massachusetts,  loi 

made  to  or  for  the  use  of  a  church  shall  not  exceed 
the  sum  of  two  thousand  dollars  a  year,  exclusive 
of  the  income  of  any  parsonage  lands  granted  to  or 
for  the  use  of  the  ministry. 

Sec.  8.  The  overseers  of  each  monthly  meeting 
of  the  people  called  Friends  or  Quakers  shall  be  a 
body  corporate,  for  the  purpose  of  taking  and  holding 
in  succession  grants  and  donations  of  real  or  personal 
estate  made  to  the  use  of  such  meeting,  or  to  the 
use  of  any  preparation  meeting  belonging  thereto  ; 
and  may  alien  or  manage  such  estate  according  to  the 
terms  and  conditions  of  the  grants  and  donations,  and 
prosecute  and  defend  in  any  action  touching  the 
same :  provided^  that  the  income  of  the  grants  and 
donations  to  any  one  of  such  meetings  for  the  uses 
aforesaid  shall  not  exceed  the  sum  of  five  thousand 
dollars  a  year. 

Sec.  9.  All  trustees,  whether  incorporated  or  not, 
who  hold  funds  given  or  bequeathed  to  a  city  or  town 
for  any  charitable,  rehgious,  or  educational  purpose, 
shall  make  an  annual  exhibit  of  the  condition  of  such 
funds  to  the  Board  of  Aldermen  of  the  city,  or  the 
selectmen  of  the  town,  to  which  such  funds  have  been 
given  or  bequeathed,  and  all  transactions  by  the  trust- 
ees concerning  such  fund  sshall  be  open  to  inspec- 
tion by  the  Board  of  Aldermen  of  the  city,  or  se- 
lectmen of  the  town,  to  which  the  returns  are  made. 

Sec.  10.  The  probate  court  for  the  county  in 
which  the  city  or  town  is  situated,  to  which  funds 
have  been  given  or  bequeathed  as  aforesaid,  may,  on 
the  petition  of  five  persons,  cite  all  parties  interested 
to  appear  before  the  court,  to  answer  all  complaints 


102       Laws  Relating  to  Religious  Corporatio7is. 

which  may  then  and  there  be  made  ;  and  if  a  trustee 
has  neglected  or  refused  to  render  such  annual 
exhibits,  or  is  incapable  of  discharging  the  trust  re- 
posed, or  unsuitable  to  manage  the  affairs  of  the  same, 
the  court  may  remove  such  trustees  and  supply  the 
vacancy. 

Chapter  32. 

OF    ASSOCIATIONS   FOR  RELIGIOUS,    CHARITABLE,   AND   ED- 
UCATIONAL PURPOSES. 

Sec.  I.  Seven  or  more  persons  within  this  State 
having  associated  themselves,  by  agreement  in  writ- 
ing, for  educational,  charitable,  or  religious  purposes, 
under  any  name  by  them  assumed,  and  complying 
with  the  provisions  of  this  chapter,  with  their  suc- 
cessors, shall  be  and  remain  a  body  politic  and  cor- 
porate. 

Sec.  2.  The  purpose  of  such  corporation,  and  the 
place  within  which  it  is  established  or  located,  shall 
be  distinctly  specified  in  its  articles  of  association  ; 
which  articles  and  all  amendments  thereto  shall  be 
recorded  in  the  office  of  the  register  of  deeds  for  the 
county  or  district  wherein  such  place  is  situated,  and 
such  corporation  shall  appropriate  its  funds  to  no 
other  purpose. 

Sec.  3.  Corporations  organized  under  this  chapter 
shall  have  the  powers  and  privileges,  and  be  subject 
to  the  duties,  liabilities,  and  restrictions,  set  forth  in 
chapter  sixty-eight,  so  far  as  the  same  may  be  appli- 
cable. 

Sec.  4.  Such  corporations  may  hold  real  and  person- 
al estate,  necessary  for  the  purpose  of  their  organiza- 


Massachusetts,  103 

tion,  to  an  amount  not  exceeding  one  hundred  thou- 
sand dollars. 

Sec.  5.  This  estate  shall  not  be  exempted  from 
taxation  in  any  case  where  part  of  the  income  or 
profits  of  their  business  is  divided  among  members 
or  stockholders,  or  where  any  portion  of  such  estate  is 
used  or  appropriated  for  any  other  than  educational, 
charitable,  or  religious  purposes. 

LAWS  OF  1869. 

Sec.  I.  Any  parish  or  religious  society  may  ad- 
mit to  membership  women,  who  shall  have  all  the 
rights  and  privileges  of  men. 

Sec.  2.  Any  territorial  parish  may  admit  to  mem- 
bership persons  not  residents  of  its  territory. 

Chapter  165. 
DISTURBING    RELIGIOUS    WORSHIP. 

Sec.  21.  Whoever  willfully  interrupts  or  disturbs 
any  assembly  of  people  met  for  the  worship  of  God 
shall  be  punished  by  imprisonment  in  the  jail  not 
exceeding  thirty  days,  or  by  fine  not  exceeding  fifty 
dollars. 

Sec.  22.  Whoever,  during  the  time  of  holding  any 
camp  or  field  meeting  for  reUgious  purposes,  and 
within  one  mile  of  the  place  of  holding  such  meet- 
ing, hawks  or  peddles  goods,  wares,  merchandise,  or, 
without  permission  from  the  authorities  having  charge 
of  such  meeting,  establishes  any  tent  or  booth  for 
vending  provisions  or  refreshments  or  practices,  or 
engages  in  gaming  or  horse-racing,  or  exhibits,  or 


104      Laivs  Relating  to  Religions  Corporations. 

offers  to  exhibit,  shows  or  plays,  shall  forfeit  for  each 
offense  a  sum  not  exceeding  twenty  dollars  ;  provided, 
that  a  person  having  his  regular  and  usual  place  of 
business  within  such  limits  is  not  hereby  required  to 
suspend  his  business. 


Chapter    X  V  I  I  I.  —  M  i  e  h  i  g  a  n. 

Eevised  Statutes  of  1S71.— Chapter  108. 

Organization — Minister  may  Preside — Notice  of  Election— Certifi- 
cate—  Rights  and  Powers  of  Trustees — Meetings  —  How  called  — 
Voters— Order  of  Sale — Protestant  Episcopal  Church — Presbyterian 
Churches — Roman  Catholic  Churches — Offenses. 

Sec.  I.  The  People  of  the  State  of  Michigan  enact y 
That  chapter  fifty-two  of  the  Revised  Statutes  of 
eighteen  hundred  and  forty-six,  entitled,  "  Of  Relig- 
ious Societies,"  be  and  the  same  is  hereby  repealed, 
saving  all  rights  which  may  have  occurred  under  the 
same,  subject  to  the  modifications  provided  in  this  act. 

Sec.  2.  It  shall  be  lawful  for  any  number  of  per- 
sons of  full  age,  not  less  than  five,  who  may  be  de- 
sirous of  forming  themselves  into  a  church,  congre- 
gation, or  religious  society,  to  sign  articles  of  asso- 
ciation for  that  purpose,  and  assemble  together  at 
such  place  as  they  may  select,  and  by  plurality  of 
votes  elect  any  number  of  discreet  persons  being 
laymen,  not  less  than  three  nor  more  than  nine  in 
number,  as  trustees  to  take  charge  of  the  property 
belonging  to,  and  transact  all  the  affairs  relative  to 
the  temporalities  of  such  church,  congregation,  or  re- 
ligious society. 

Sec.  3.  It  shall  be  lawful  for  any  such  church,  con- 


Michigan,  105 

gregation,  or  religious  society  to  choose  their  minis- 
ter, priest,  curate,  rector,  parson,  or  officiating  clergy- 
man, for  the  time  being,  to  be  the  president  of  their 
corporation,  and  of  their  meetings,  by  a  plurality  of 
votes  by  ballot ;  and  at  the  first  election  of  trustees 
every  person  who  shall  have  signed  their  articles  of 
association,  and  at  any  subsequent  elections,  every 
person  of  full  age  who  has  for  six  months  been  a 
stated  worshiper  with,  or  contributor  regularly  for 
one  year  previous  to  the  support  of  such  church,  con- 
gregation, or  society,  will  be  entitled  to  vote. 

Sec.  4.  The  minister,  priest,  curate,  parson,  or 
officiating  clergyman  of  such  congregation  or  socie- 
ty, or  if  none  of  them  be  present,  one  of  the  elders 
or  deacons,  church-wardens  or  vestry-men  thereof, 
and,  for  want  of  such  officers,  any  other  person  being 
a  member  or  stated  hearer  in  such  church,  congrega- 
tion, or  society,  must  publicly  notify  such  congrega- 
tion of  the  time  when,  and  the  place  where,  any 
election  shall  he  held,  at  least  fifteen  days  before  the 
day  of  such  election,  and  such  notification  must  be 
given  for  two  successive  Sabbaths  on  which  such 
church,  congregation,  or  society  statedly  meet  for 
public  worship  next  preceding  the  election. 

Sec.  5.  Any  two  of  the  elders,  deacons,  church- 
wardens, or  vestry-men  of  such  church,  congregation, 
or  society,  or  if  such  officers  be  not  present,  then 
any  two  voters  present,  to  be  nominated  by  a  majori- 
ty of  voters,  will  act  as  inspectors  of  the  election,  re- 
ceive the  votes,  and  determine  the  qualification  of 
voters  ;  and  they  are  required  immediately  after  the 
election  to  certify,  under  their  hands  and  seals,  the 


io6      Lazvs  Relating  to  Religious  Corporations. 

names  of  the  persons  elected  to  serve  as  trustees  or 
vestry-men,  in  which  certificate  the  name  by  which 
the  said  trustee  or  vestry-men,  and  their  successors  in 
office,  shall  forever  thereafter  be  known  and  called, 
must  be  particularly  mentioned  and  specified,  and 
such  trustees  in  said  certificate  be  denominated  ves- 
try-men, or  church-wardens  and  vestry-men,  executive 
committee,  or  any  other  name  stated  in  the  certifi- 
cate ;  provided  always,  That  they  shall  have  all  the 
power  specified  in  this  act,  and  be  elected  in  the 
manner  provided  for  in  this  act. 

Sec.  6.  Such  certificate  must  be  acknowledged  by 
the  persons  making  the  same,  or  proved  by  a  sub- 
scribing witness  thereto  before  some  officers  author- 
ized to  take  acknowledgment  of  deeds  and  records, 
and  recorded,  together  with  the  certificate  of  such 
acknowledgment  or  proof,  by  the  clerk  of  the  county 
within  which  the  church  or  place  of  worship  of  such 
congregation  shall  be  situated,  who  is  entitled  to  a 
fee  of  seventy- five  cents  for  such  recording ;  and 
thereafter  it  is  declared  that  such  trustees  and  their 
successors  shall  be  a  body  corporate  by  the  name 
expressed  in  such  certificate. 

Sec.  7.  Such  trustees  may  have  a  common  seal, 
and  may  alter  the  same  at  pleasure ;  and  they  may 
take  into  their  possession  and  custody  all  the  tempo- 
ralities of  such  church,  congregation,  or  society, 
whether  the  same  shall  consist  of  real  cr  personal 
estate,  and  whether  the  same  may  have  been  given 
granted,  or  devised,  directly  or  indirectly,  to  such 
church,  congregation,  or  society,  or  to  any  other  per- 
son for  their  use. 


Michigan,  107 

Sec.  8.  Such  trustees  may  also,  in  their  corporate 
name,  sue  and  be  sued  in  all  courts  and  places,  and 
they  may  recover  and  hold  all  the  debts,  demands, 
rights,  and  privileges,  all  churches,  buildings,  bury- 
ing-places,  and  all  the  estate  and  appurtenances  be- 
longing to  such  church,  congregation,  or  society,  in 
whatsoever  manner  the  same  may  have  been  ac- 
quired, or  in  whose  hands  soever  the  same  may  be 
held,  as  fully  and  amply  as  if  the  right  and  title 
thereto  had  been  originally  vested  in  said  trustees  ; 
and  they  may  hold  moneys  or  personal  estate,  raised 
or  acquired  for  the  purpose  of  erecting  churches  or 
houses  of  residence  for  their  minister  or  priest,  or 
for  the  purchase  of  burial-ground,  for  a  period  not 
exceeding  one  year  before  the  investment  thereof, 
and  not  exceeding  the  value  or  amount  of  twenty 
thousand  dollars  ;  and  they  may  hold,  for  a  period 
not  exceeding  three  years,  any  land  which  may  be 
lawfully  conveyed  to  them,  not  exceeding  five  thou- 
sand dollars  in  value,  to  be  sold  for  the  purpose  of 
raising  a  fund  for  erecting,  repairing,  or  improving  a 
church  or  churches,  or  other  building  aforesaid,  or 
for  the  purchase  or  improvement  of  any  cemetery  or 
burial-ground.  But  all  such  lands  shall  revert  to  the 
donor  or  grantor,  his  or  her  heirs  or  assigns,  if  not 
disposed  of  within  the  time  aforesaid. 

Sec.  9.  The  said  trustees  or  wardens  and  vestry- 
men shall  also  have  authority,  under  the  direction  of 
the  society,  to  sell  and  convey,  mortgage  or  release 
[lease],  any  real  estate  belonging  to  such  society,  or 
held  by  them  as  trustees,  or  wardens  and  vestrymen, 
and  to  erect  churches  and  meeting-houses  and  dwell- 


io8     Laivs  Relating  to  Religious  Corporations. 

ing  houses  for  their  ministers  or  priests,  and  other 
buildings  for  the  direct  and  legitimate  use  of  their 
church,  congregation,  or  society,  and  to  alter  and 
repair  the  same,  but  for  no  secular  purpose  ;  provid- 
ed, that  no  such  sale  or  conveyance  shall  be  made 
in  any  case  where  it  would  be  inconsistent  with  the 
express  terms  or  plain  intent  of  the  grant,  donation, 
conveyance,  or  devise  by  which  the  same  was  con- 
veyed or  devised  to  or  for  the  use  of  such  church, 
congregation,  or  society ;  nor  unless  the  vote  or  as- 
sent of  at  least  two  thirds  of  those  present  and  enti- 
tled to  vote,  at  any  meeting  of  the  society  duly  and 
specially  called  for  that  purpose,  shall  be  obtained 
therefor. 

Sec.  10.  They  shall  also  have  authority  to  make 
rules  and  orders  for  managing  the  temporal  affairs  of 
such  church,  congregation,  or  society,  and  to  dispose 
of  all  moneys  belonging  thereto,  and  to  order  and 
regulate  the  renting  of  pews  or  slips  in  their  meet- 
ing-houses and  churches,  and  the  perquisites  for  the 
breaking  of  the  ground  and  burial  of  the  dead  in  the 
cemetery  or  church-yard,  and  in  the  said  churches  or 
meeting-houses. 

Sec.  1 1.  They  may  appoint  a  clerk  and  a  treasurer 
of  their  board,  and  a  collector  to  collect  their  rents 
and  revenues,  and  may  regulate  the  fees  to  be  al- 
lowed such  clerk,  treasurer,  and  collector,  and  may 
remove  them  and  appoint  others  in  their  stead  at 
pleasure  ;  and  such  clerk  shall  enter  all  rules  and 
orders  made  by  such  trustees,  and  payments  ordered 
by  them,  in  a  book  to  be  procured  by  them  for  that 
purpose. 


Michigan.  109 

Sec.  12.  Any  two  of  the  trustees  may  at  any  time 
call  a  meeting  of  the  trustees,  and  a  majority  of  them 
being  lawfully  convened,  shall  be  competent  to  do 
and  perform  all  matters  and  things  which  such  trust- 
ees are  authorized  to  do  and  perform  ;  and  said  trust- 
ees may  elect  their  minister,  priest,  curate,  rector, 
parson,  or  officiating  clergyman  of  said  society,  for 
the  time  being,  to  preside  at  such  meetings,  who 
shall  have  no  vote  except  in  case  of  a  tie  of  the 
board,  when  he  shall  have  a  casting  vote. 

Sec.  13.  The  trustees  shall  hold  their  offices  for 
three  years,  and  immediately  after  their  first  election, 
as  hereinbefore  provided,  the  said  trustees  shall  be 
divided  by  lot  into  three  classes,  numbered  one,  two, 
and  three ;  and  the  seats  of  the  first  class  shall  be 
vacated  at  the  end  of  the  first  year,  of  the  second 
class  at  the  end  of  the  second  year,  and  of  the  third 
class  at  the  end  of  the  third  year,  to  the  end  that  as 
near  as  may  be  one  third  part  of  the  whole  number 
of  the  trustees  may  be  annually  chosen  ;  piwided, 
however,  that  any  persons  entering  into  articles  of 
association,  as  aforesaid,  may  provide  in  said  articles 
for  the  election  of  the  whole  board  of  trustees  once 
in  each  year,  at  such  time  as  they  may  appoint,  in 
the  manner  above  described,  and  said  whole  number 
may  be  elected  in  conformity  to  such  provisions. 

Sec.  14.  It  shall  be  the  duty  of  the  clerk  of  said 
trustees,  at  least  one  month  before  the  expiration  of 
the  office  of  any  of  said  trustees,  to  notify  the  same, 
in  writing,  to  the  minister,  priest,  curate,  rector,  par- 
son, or  officiating  clergyman,  or,  in  case  of  his  death 

or  absence,  to  the  elders  or  church-wardens ;  or  if 
9 


no     Lazvs  Relating  to  Religious  Corporations. 

there  be  no  elders  or  church-wardens,  then  to  the 
deacons  or  vestry-men  of  any  such  church,  congre- 
gation, or  society,  specifying  in  such  notice  the 
names  of  the  trustees  whose  office  will  expire  ;  and 
the  minister,  priest,  curate,  rector,  parson,  or  other 
officer  receiving  such  notice,  shall,  in  manner  afore- 
said, notify  the  members  of  such  church,  congrega- 
tion, or  society  of  such  vacancies,  and  appoint  the 
time  and  place  for  the  election  to  supply  the  same. 

Sec.  15.  Such  election  shall  be  held  at  least  six 
days  before  vacancies  shall  occur,  as  aforesaid ;  and 
all  such  subsequent  elections  shall  be  held  and  con- 
ducted by  the  like  persons,  and  in  the  same  m.anner 
as  hereinbefore  provided  for  the  first  election  ;  and 
in  case  any  vacancy  shall  occur  by  the  death  of  a 
trustee,  his  refusal  to  act,  or  removal  from  the  so- 
ciety before  his  term  of  office  expires,  or  otherwise, 
notice  thereof  shall  be  given,  as  aforesaid,  and  an 
election  shall  be  held,  and  another  trustee  chosen  in 
his  stead  for  the  remainder  of  his  term. 

Sec.  16.  No  person  belonging  to  any  such  Church, 
congregation,  or  society,  incorporated  under  the  pro- 
visions of  this  act,  shall  be  entitled  to  vote  at  any 
election  after  the  first,  until  he  shall  have  been  an  at- 
tendant on  public  worship  in  such  church,  congrega- 
tion, or  society,  at  least  six  months  next  before  such 
election,  and  shall  have  contributed  to  the  support  of 
such  church,  congregation,  or  society,  according  to 
the  usages  and  customs  thereof 

Sec.  17.  The  clerk  of  the  trustees  shall  keep  a 
register  of  the  names  of  all  such  persons  as  shall  de- 
sire to  become  stated  hearers   in    the  said  church, 


Michigan.  ill 

congregation,  or  society,  and  shall  note  therein  the 
time  when  such  request  was  made ;  and  the  said 
clerk  shall  attend  all  subsequent  elections  in  order  to 
test  the  qualifications  of  such  voters  in  case  they 
shall  be  questioned. 

Sec.  1 8.  Nothing  in  this  act  shall  be  construed  to 
give  such  trustees  the  power  to  fix  or  ascertain  the 
salary  or  compensation  to  be  paid  any  minister,  or 
priest,  curate,  rector,  or  parson,  but  the  same  shall 
be  ascertained  and  fixed  by  a  majority  of  such  society 
entitled  to  vote  at  the  election  of  trustees. 

Sec.  19.  It  shall  be  lawful  for  the  Circuit  Court  for 
the  county  in  which  such  religious  corporation  shall 
have  been  constituted,  on  the  application  of  such  cor- 
poration, if  such  court  shall  deem  it  proper,  to  make 
an  order  for  the  sale  of  any  real  estate  belonging  to 
such  corporation,  and  to  direct  the  application  of  the 
moneys  arising  therefrom  to  such  uses  as  the  said 
corporation,  with  the  approbation  of  said  court,  shall 
conceive  to  be  for  the  interest  of  such  corporation ; 
provided,  that  no  sale  shall  be  authorized  by  the  court 
in  any  case  where  it  would  be  inconsistent  with  the 
express  terms  or  plain  intent  of  the  grant,  donation, 
conveyance,  or  devise  by  which  the  same  was  con- 
veyed or  devised  to  or  for  the  use  of  such  church,  con- 
gregation, or  society,  prior  to  the  passage  of  this  act. 

Sec.  20.  At  least  thirty  days'  previous  notice  of 
any  such  application  to  the  Circuit  Court  shall  be 
given  by  publishing  the  same  in  some  newspaper 
published  in  the  county,  if  one  be  there  published,  if 
not,  by  posting  up  notices  in  three  or  more  public 
places  in  such  county. 


1 1 2      Laivs  Relating  to  Religions  Corporations. 

Sec.  21.  All  lands,  tenements,  and  hereditaments 
that  have  been  or  may  hereafter  be  lawfully  conveyed 
by  devise,  gift,  grant,  purchase,  or  otherwise  to  any 
persons  as  trustees  in  trust,  for  the  use  of  any  church, 
congregation,  or  religious  society  organized,  or  which 
may  be  hereafter  organized,  within  this  State,  either 
for  a  meeting-house,  burial-ground,  or  for  the  resi- 
dence of  a  preacher  or  priest,  shall  vest  and  descend, 
with  the  improvements,  in  perpetual  succession  to, 
and  shall  be  held  by  the  trustees  provided  for  by  this 
act,  in  trust  for  such  church,  congregation,  or  society. 

Sec.  22.  No  bishop,  vicar,  rector,  parson,  curate, 
priest,  deacon,  or  other  officer  of  any  church,  relig- 
ious body,  order,  society,  or  association  ;  no  superior 
officer  or  member,  male  or  female,  of  any  religious 
order,  ecclesiastical  or  lay,  nor  of  any  ecclesiastical, 
educational,  or  charitable  institution  or  establish- 
ment, shall,  in  consequence  of  such  office  or  mem- 
bership, or  in  the  character  or  capacity  of  such  officer 
or  member,  have,  possess,  or  exercise  any  power,  ca- 
pacity or  franchise  of  a  corporation  sole,  so  far  as  re- 
lates to  the  taking,  holding,  managing,  selling,  or 
transmitting  property ;  and  every  gift,  grant,  de- 
vise, bequest,  conveyance,  or  lease  of  any  real  es- 
tate, or  interest  therein,  or  any  use  or  benefit  to 
arise  therefrom,  or  of  money,  or  of  other  property 
to  be  invested  therein,  or  to  arise  therefrom  here- 
after made,  or  attempted  to  be  made,  by  deed, 
will,  or  otherwise,  to  any  such  officer  or  member,  by 
his  or  her  name  of  office  or  membership,  or  in  the 
character  of  such  officer  or  member,  shall  be  utterly 
void  to  all  intents  and  purposes  ;  and  no  corporation 


Michigan.  1 1 3 

for  religious,  ecclesiastical,  educational,  or  charitable 
purposes,  shall  be  recognized  as  existing  by  the  com- 
mon law,  the  canon  law,  or  by  prescription,  or  in  any 
other  manner,  except  by  express  statute  of  this  State  ; 
provided,  that  this  section  shall  in  no  way  invaHdate 
any  right  of  property,  or  right  of  action  heretofore 
vested ;  and  provided  ficrther,  that  this  section  is  not 
intended  as  any  implication  or  admission  of  any  previ- 
ous corporate  capacity  incident  to  such  official  char- 
acter or  membership  as  herein  above  mentioned. 

Sec.  23.  Neither  the  canon  law  nor  the  decrees, 
nor  any  decree  or  order  of  any  ecclesiastical  council 
or  body,  nor  any  custom  or  usage  founded  thereon, 
nor  any  custom  or  usage  of  any  church,  congregation, 
or  religious  society,  or  religious  order,  shall  hereafter 
be  recognized  or  enforced  in  this  State,  so  far  as  such 
law,  usage,  or  custom  shall  relate  to  the  acquisition, 
the  tenure,  or  the  control  or  disposition  of  any  real 
estate,  or  any  interest  therein,  or  any  use  or  trust  con- 
nected or  to  be  connected  therewith  ;  provided,  never- 
theless, that  this  section  shall  not  in  any  manner  impair 
or  invalidate  any  grant,  devise,  or  other  conveyance 
heretofore  made,  nor  shall  this  section  be  construed 
as  a  recognition  of  the  prior  legality  or  obligation  of 
such  law,  usage,  or  custom  in  this  State. 
[Secs.  24  and  25  were  repealed  in  1867.] 
Sec.  26.  No  grant,  conveyance,  devise,  or  lease  of 
any  real  estate,  dedicated  or  appropriated  to  the  pur- 
poses of  religious  worship,  or  for  any  religious  or 
ecclesiastical  purposes,  or  appearing  to  be  intended 
to  be  managed  or  controlled  by  any  congregation  or 
society,  or  any  officer  or  officers  thereof,  in  his  or 


1 14      Laws  Relating  to  Religious  Corporations. 

their  official  capacity,  shall  hereafter  vest  any  right, 
title,  or  interest  in  any  person  or  persons  to  whom 
such  grant,  conveyance,  devise,  or  lease  may  be 
made,  unless  the  same  shall  be  made  to  a  corpora- 
tion organized  under  some  statute  of  this  State,  or 
of  the  late  territory  of  Michigan,  or  under  the  pro- 
visions of  this  act  or  some  act  heretofore  passed, 
amending  or  altering  the  same. 

Sec.  27.  Every  church,  congregation,  or  rehgious 
society  heretofore  incorporated  in  pursuance  of  any 
statute  of  this  State,  or  of  the  late  territory  of  Mich- 
igan, and  not  since  dissolved,  shall  be  and  is  hereby 
established  and  confirmed,  subject,  nevertheless,  to 
the  provisions  of  this  act,  so  far  as  they  may  be 
constitutionally  subjected  thereto,  without  impairing 
rights  heretofore  legally  vested.  And  all  vacancies 
which  may  hereafter  occur  in  the  office  of  trustee  of 
any  church  or  religious  society  heretofore  incorpo- 
rated under  any  statute  of  this  State  or  of  the  late 
territory  of  Michigan,  shall  be  filled  by  an  election  as 
provided  for  the  filling  of  vacancies  in  such  office 
under  this  act ;  and  in  case  of  the  dissolution  of  any 
corporation,  or  of  any  corporation  hereafter  to  be 
formed  in  pursuance  of  the  provisions  of  this  act, 
for  any  cause  whatever,  the  same  may  be  incorpo- 
rated under  the  provisions  of  this  at  any  time  within 
six  years  after  such  dissolution,  and  thereupon  all  the 
estate,  real  and  personal,  formerly  belonging  to  the 
same,  and  not  lawfully  disposed  of,  shall  vest  in  such 
corporation,  as  if  there  had  been  no  dissolution. 

Sec.  28.  The  provisions  of  this  chapter  shall  ap- 
ply to  all  churches,  religious  congregations,  religious 


Michigan,  115 

societies,  religious  and  ecclesiastical  orders,  and  every 
association  of  persons  for  religious  purposes. 

PRESBYTERIAN    CHURCHES. 

Sec.  I.  The  People  of  the  State  of  Michigan  enacts 
That  whenever  any  church,  tlie  government  of  which 
by  its  constitution  and  usages  is  vested  in  ruling 
elders,  shall  desire  to  have  and  possess  corporate 
powers  and  privileges,  the  session  or  consistory  of 
such  churcli  may  execute  and  acknowledge  before 
any  officer  authorized  to  take  acknowledgment  of 
deeds  a  certificate  which  shall  contain — 

First.  The  name  of  the  proposed  corporation. 

Second.  The  township  or  city  and  county  in  which 
it  is  located. 

Third.  The  election  of  such  church  whether  the 
corporate  power  shall  be  vested  in  the  ruling  elders 
and  deacons  thereof,  or  in  the  deacons  alone,  and 
whether  the  pastor  of  such  church  shall  or  shall  not 
be  a  member  of  such  corporation. 

Fourth.  The  election  of  such  church  whether  the 
acts  of  the  officers  named  in  the  exercise  of  their 
corporate  power  shall  or  shall  not  be  reviewed  by  the 
highest  judicatories  of  the  church  in  the  mode  pre- 
scribed by  the  constitution  and  usages  thereof. 

Sec.  2.  Such  certificate  shall  be  signed  by  at  least 
a  majority  of  such  session  or  consistory,  and  when 
duly  acknowledged  by  the  signers  thereof,  shall  be 
recorded  in  the  office  of  the  county  clerk  of  the 
county  named  therein,  and  thereupon  the  pastor, 
ruling  elders,  and  deacons,  the  pastor  and  the  dea- 
cons,   or    the    deacons    as    the   case   may  be,  shall 


1 1 6     Lazus  Relating  to  Religious  Corporations. 

become  a  corporation  by  the  name  expressed  in  said 
certificate  ;  but  a  vacancy  in  the  office  of  pastor 
shall  in  no  degree  affect  such  corporation. 

Sec.  3.  If  in  any  case  where  the  corporate  powers 
are  vested  in  deacons  alone  their  number  shall  be 
less  than  two  in  office,  and  residing  within  the  bounds 
of  the  congregation  then  during  such  time  the  rul- 
ing elders  of  such  church  shall  be  members  of  said 
corporation. 

Sec.  4.  Any  person  who  shall  become  duly  in- 
vested with  the  office  of  pastor,  ruHng  elder,  or  dea- 
con in  any  particular  church,  shall  become  a  mem- 
ber of  the  corporation  enacted  for  that  church,  sub- 
ject to  the  election  of  the  church,  as  determined  un- 
der the  provisions  of  the  first  section  of  this  act,  and 
the  corporate  functions  of  all  officers  shall  cease  on 
the  vacation  of  the  ecclesiastical  office. 

Sec.  5.  If  it  shall  happen  that  any  church  whose 
officers  have  been  incorporated  under  this  act  shall 
be  temporarily  without  officers,  such  corporation  shall 
not  for  that  cause  be  dissolved,  but  the  presbytery, 
or  classis  to  which  the  church  belongs,  may  appoint 
trustees  to  execute  the  functions  of  such  corpora- 
tion during  the  existence  of  the  disabihty,  but  no 
longer. 

Sec.  6.  The  congregation  of  any  church  of  the 
description  named  in  the  first  section  of  this  act,  the 
trustees  of  which  have  been  incorporated  under  any 
law  of  this  State,  may  elect  to  dissolve  their  existing 
organization,  and  take  corporate  powers  under  this 
act ;  provided,  that  the  consent  of  two  thirds  of  all 
persons  present  at  a  public  meeting,   and  who  are 


Michigan,  wj 

entitled  to  vote  for  trustees  under  such  law,  be  ob- 
tained, of  which  meeting  due  notice  of  the  time  and 
place  and  object  thereof  shall  be  given,  in  the  man- 
ner prescribed  by  section  2012  of  the  compiled  laws. 
If  such  consent  shall  be  obtained,  a  certificate  there- 
of shall  be  executed,  and  acknowledged  by  the  presid- 
ing officer  and  secretary  of  such  meeting,  and  shall  be 
recorded  in  the  office  of  the  clerk  of  the  county 
where  the  original  certificate  of  incorporation  was 
recorded ;  and  on  compliance  with  the  provisions  of 
this  act,  providing  for  the  creation  of  such  corpora- 
tions, all  the  property,  powers,  duties,  trusts,  and 
obligations  of  every  kind  possessed  by,  or  pertaining 
to,  the  original  corporation,  shall  be  transferred  to, 
and  become  vested  in,  the  corporation  organized  for 
the  same  church  under  this  act. 

Sec.  7.  Every  corporation  created  under  this  act 
may  sue  and  be  sued  in  all  courts  and  places,  may 
have  a  common  seal,  and  may  alter  the  same  at  pleas- 
ure ;  may  take  into  their  possession  and  custody  all 
the  temporalities  of  the  church  or  congregation, 
whether  the  same  shall  consist  of  real  or  personal 
estate,  and  may  recover  and  hold  all  debts,  demands, 
rights  and  privileges,  all  churches,  buildings,  and 
burying-places,  belonging  to  the  church  or  congrega- 
tion, in  whatever  manner  the  same  may  have  been 
acquired,  or  in  whose  hands  soever  the  same  may  be 
held,  as  fully  and  amply  as  if  the  right  and  title 
thereto  had  been  originally  vested  in  such  corporation, 
and  may  hold  such  an  amount  of  real  estate  as  shall 
be  reasonably  necessary  for  a  church,  lecture,  or 
school-room,  for  burying-places,  and  for  dwellings  for 


1 1 8      Lazvs  Relating  to  Religious  Corporations. 

the  ministers  thereof;  but  it  shall  not  be  lawful  for  such 
corporation  to  hold  real  estate  for  any  other  purpose. 

Sec.  8.  Every  corporation  created  under  this  act 
shall  also  have  authority,  under  the  direction  of  the 
congregation,  to  erect  churches  and  meeting-houses, 
dwelling-houses  for  their  ministers,  and  other  build- 
ings for  the  legitimate  use  of  the  church  or  congrega- 
tion, and  to  alter  and  repair  the  same,  and  also,  under 
the  direction  of  the  congregation,  to  execute  and 
acknowledge  any  obligations  and  securities  upon  the 
property  of  such  church  or  congregation  for  the  pay- 
ment of  just  liabilities  which  may  be  created  in  the 
erection  or  repair  of  such  church,  meeting-house,  or 
other  buildings. 

Sec.  9.  No  corporation  created  under  this  act 
shall  have  the  power  to  fix  the  salary  or  compensa- 
tion to  be  paid  any  minister,  but  the  same  shall  be 
fixed  by  the  congregation  according  to  the  constitu- 
tion and  usages  of  such  church. 

PROTESTANT  EPISCOPAL  CHURCH. 

Sec.  I.  That  it  shall  be  lawful  for  any  six  or  more 
persons  professing  attachment  to  the  Protestant 
Episcopal  Church  to  execute  and  acknowledge  before 
any  person  authorized  to  take  acknowledgments  of 
deeds  one  or  more  duphcate  articles  of  agreement  in 
writing,  whereby  they  shall  agree  to  organize  a  church 
according  to  the  usages  of  the  Protestant  Episcopal 
Church,  by  the  name  and  style  set  forth  in  such  ar- 
ticles ;  and  upon  the  execution  and  acknowledgment 
thereof,  such  Church  shall  become  a  body  politic  and 
corporate  by  the  name  set  forth  in  such  articles  in 


Michigan.  119 

accordance  with   the    canons,   doctrines,    discipHne, 
and  worship  of  the  Protestant  Episcopal  Church. 

Sec.  2.  Such  articles  shall  contain  : — 

First.  The  name  of  the  purposed  church. 

Second.  The  township,  or  city  and  county,  in  which 
it  is  located. 

Third.  The  number  of  vestry-men,  not  exceeding 
ten,  who  shall  have  charge  of  the  affairs  of  such  church 
and  the  time  of  the  annual  meeting,  which  shall  be 
in  Easter  week  ;  and  no  church  shall  be  organized  in 
any  township  or  city  bearing  the  same  name  with 
any  other  Protestant  Episcopal  Church  theretofore 
organized  therein. 

Sec.  3.  Such  articles  of  agreement,  when  duly 
signed  and  acknowledged,  shall  be  recorded  in  the 
office  of  the  county  clerk  of  the  county  in  which  such 
church  is  located  ;  and  it  shall  not  be  lawful  for  any 
such  church  to  acquire  the  title  to  any  property  until 
such  articles  are  recorded. 

Sec.  4.  Any  three  or  more  persons  who  have 
signed  any  such  articles  of  agreement  may  call  the 
first  meeting  of  such  church,  at  such  time  and  place 
as  they  may  see  fit,  by  publishing  nJlice  for  ten  days 
previous  to  the  time  of  such  meeting  in  some  news- 
paper published  in  the  city  or  township  in  which  such 
church  is  located  ;  and  if  no  newspaper  is  published 
therein,  then  such  notice  may  be  given  by  posting 
the  same  in  three  of  the  most  public  places  in  such 
city  or  township,  and  at  the  meeting  the  affidavit  of 
such  posting  or  pubHshing  shall  be  produced  and  re- 
corded in  the  minutes.  And  it  is  ftirther  provided, 
That  at  such  meeting,  in  addition  to  the  signing  of 


1 20      Laivs  Relating  to  Religious  Corporations. 

such  articles,  any  male  person  of  full  age  shall  be  en- 
titled to  vote  who  shall  sign  a  declaration  in  writing, 
to  be  kept  in  the  book  of  minutes,  whereby  he  shall 
signify  his  intention  of  attaching  himself  to  said 
church,  and  accepting  the  terms  of  such  articles. 
Vestry-men  of  the  church  shall  be  elected  at  said  meet- 
ing or  any  adjournment  thereof. 

Sec.  5.  At  all  subsequent  meetings  the  right  of 
voting  shall  be  confined  to  the  persons  who  became 
actually  entitled  to  vote  at  the  first  meeting,  and  to 
such  others,  male  persons  of  full  age,  as  have  during 
the  year  previous  been  stated  worshipers  in  such 
church,  and  owned  or  rented  a  pew  therein,  or  been 
stated  contributors  to  its  support.  The  annual  meet- 
ing shall  take  place  at  such  time  in  Easter  week  as 
shall  be  fixed  in  said  articles,  and  at  such  annual 
meeting  an  election  of  vestry-men  shall  be  had,  to 
serve  until  the  next  annual  meeting,  and  until  their 
successors  are  chosen. 

Sec.  6.  The  vestry-men  shall  choose  two  of  their 
number  to  be  wardens.  They  may  also  appoint  a 
secretary  and  treasurer  from  their  own  number,  and 
may  employ  such  other  agents  and  servants  as  they 
may  see  fit.  Meetings  of  the  vestry-men  may  be 
called  b)^  the  rector  of  the  church,  or  by  either  war- 
den, or  by  any  two  other  vestry-men,  and  a  majority 
in  number  of  the  vestry-men  elected  will  constitute  a 
quorum  for  the  transaction  of  business.  The  rector 
when  present  must  preside  at  all  vestry  meetings,  but 
will  have  no  vote,  except  a  casting  vote  in  case  of  a 
tie  ;  and  in  his  absence  one  of  the  wardens,  if  present, 
must  preside.     All  vacancies  in  such  vestry  may  be 


Michigan.  12 1 

filled  by  the  vestry-men  at  any  meeting,  and  the  per- 
sons elected  to  fill  such  vacancies  may  hold  for  the 
same  period  as  their  predecessors  would  have  done. 

Sec.  7.  All  the  temporal  affairs  of  such  churches 
shall  be  managed  by  the  vestry-men  thereof,  and  they 
shall  have  authority  to  erect,  alter,  repair,  enlarge, 
and  in  case  they  deem  it  necessary,  to  take  down,  or 
remove  and  rebuild  any  church  or  other  building  be- 
longing to  such  corporation,  and  no  owner  of  any 
pew  or  slip  in  such  church  will  be  held  to  be  the 
owner  of  any  interest  in  the  land  whereon  the  same 
is  erected.  It  shall  be  lawful  for  such  corporations 
to  hold  such  amount  of  real  estate  as  shall  be  rea- 
sonably necessary  for  a  church  and  lecture  or  school- 
room, and  dwellings  for  the  ministers  thereof;  but  it 
shall  not  be  lawful  for  such  corporation  to  hold  or 
use  any  real  estate  for  any  other  purpose.  This  act 
shall  take  effect  immediately. 

ROMAN   CATHOLIC   CHURCH. 
Act  approved  March  27, 1867. 

Sec.  I.  The  People  of  the  State  of  Michigan  enacts 
that  all  gifts,  grants,  deeds,  wills,  and  other  convey- 
ances, wherein  or  whereby  any  lands,  tenements,  or 
other  property  within  this  State  have  been  given, 
devised,  or  granted,  or  in  any  manner  conveyed,  by 
any  person  or  persons  whatsoever,  unto  any  person 
or  persons  by  the  name,  style,  or  title  of  Roman 
Catholic  or  Catholic  bishop  of  the  diocese  of  Bards- 
town,  Kentucky,  or  his  successors,  or  the  Roman 
Catholic  bishop  or  Catholic  bishop  of  Cincinnati, 
Ohio,  and  his  successors  in  office,  or  to  the  Roman 


122     Lazvs  Relating  to  Religious  Corporations. 

Catholic  or  Catholic  bishop  of  Detroit,  or  adminis- 
trator of  Detroit  and  his  successors,  or  to  the  Roman 
Catholic  or  Catholic  Bishop  of  Sault  St.  Marie,  or  to 
the  Roman  Catholic  or  Catholic  Bishop  of  Marquette 
or  his  successors,  or  to  any  other  person  or  persons 
upon  the  trust  expressed  or  implied,  to  take,  hold, 
and  receive  the  same  for  the  use  and  benefit  of  any 
religious  congregation  of  Roman  Catholics,  or  for 
the  support,  aid,  and  maintenance  of  any  hospital, 
alms-house,  seminary,  church,  parsonage,  or  the  bur- 
ial-ground, or  other  religious  or  charitable  purpose 
within  this  State ;  and  all  such  gifts,  grants,  deeds, 
wills,  and  other  conveyances  which  may  hereafter  be 
made,  shall  be  sufficient  and  effectual  in  law  to  vest 
the  legal  title  of,  in,  and  to  said  lands  and  tenements, 
in  such  grantee  or  devisee  in  the  present  bishops  or 
administrators  of  the  Roman  Catholic  diocese  within 
the  State  of  Michigan,  in  their  respective  dioceses, 
and  in  the  persons  who  after  them  may  become  Ro- 
man Catholic  bishops  of  said  dioceses,  and  in  the 
successors  of  said  Roman  Catholic  bishops  forever 
in  trust  for  the  uses  and  purposes  for  which  the  said 
property  is  or  may  be  hereafter  acquired,  granted, 
doneed,  and  in  no  other  person  or  persons  whatever ; 
provided,  that  it  shall  be  necessary,  in  relation  to  all 
gifts,  grants,  deeds,  wills,  and  other  conveyances 
heretofore  made,  as  aforesaid,  that  the  person  or 
persons  to  whom  the  same  were  made,  or  to  such 
persons  as  they  may  have  conveyed  to  if  living,  shall 
release  their  estate  or  interest  therein  to  the  said 
Roman  Catholic  bishops  in  the  State  of  Michigan 
within  their  respective  dioceses  ;  a7id provided  further^ 


Michigan.  123 

that  nothing  in  this  act  shall  be  taken  or  construed 
to  give  or  grant  to  the  said  Roman  Catholic  bishops 
or  administrators  of  the  said  dioceses  of  the  State  of 
Michigan,  or  their  successors,  the  right  to  hold  real 
estate  in  trust  for  any  society,  except  for  charitable, 
religious,  or  literary  purposes,  or  for  burial-grounds, 
as  provided  for  in  this  act. 

Chapter  249. 
OFFENSES   AGAINST  DECENCY. 

Sec.  25.  No  person  shall  willfully  disturb,  inter- 
rupt, or  disquiet  any  assembly  of  people  met  for  re- 
ligious worship,  by  profane  discourse,  by  rude  and 
indecent  behavior,  or  by  making  a  noise  either  with- 
in the  place  of  worship,  or  so  near  it  as  to  disturb  the 
order  and  solemnity  of  the  meeting;  nor  shall  any 
person  within  two  miles  of  the  place  where  any  re- 
ligious society  shall  be  actually  assembled  for  relig- 
ious worship  expose  to  sale  or  gift  any  ardent  or 
distilled  liquors,  wine,  beer,  cider,  fruit,  or  any  other 
article  of  food  or  merchandise,  or  keep  open  any 
huxter  shop  in  any  other  place,  inn,  stand,  or  gro- 
cery, than  such  as  shall  be  or  have  been  duly  li- 
censed, or  in  which  such  person  shall  have  usually 
carried  on  such  business ;  nor  shall  any  person  within 
the  distance  aforesaid  promote,  aid,  or  be  engaged  in 
any  racing  of  any  animals,  or  in  any  gaming  of  any 
description ;  nor  shall  any  person  obstruct  the  free 
passage  of  any  highway  to  any  place  of  pubUc  wor- 
ship within  the  distance  aforesaid. 

Sec.  26.  Whoever  shall  violate  either  of  the  pro- 
visions of  the  foregoing  section  may  be  convicted 


124     Laws  Relating  to  Religious  Corporations, 

summarily  before  any  justice  of  the  peace  of  the 
county,  or  any  mayor,  recorder,  alderman,  or  other 
magistrate  of  any  city  or  township  where  the  offense 
shall  be  committed,  and  on  such  conviction  shall  for- 
feit a  sum  not  exceeding  twenty-five  dollars,  for  the 
benefit  of  the  township  libraries  in  the  township  in 
which  such  conviction  is  had. 

Sec.  27.*  It  shall  be  the  duty  of  all  sheriffs,  and 
their  deputies,  coroners,  marshals,  constables,  and 
other  peace  officers,  all  presiding  elders,  and  minis- 
ters of  the  Gospel,  deacons,  stewards,  and  official 
members  of  any  church,  or  religious  society,  who 
may  be  present  at  the  meeting  of  any  assembly  for 
religious  worship,  which  shall  be  interrupted  or  dis- 
turbed in  the  manner  herein  prohibited,  on  sight  to 
apprehend  the  offender  and  take  him  before  some 
justice  of  the  peace,  or  other  magistrate  authorized 
to  convict  as  aforesaid,  to  be  proceeded  against  ac- 
cording to  law. 


Chapter  XIX,— Minnesota. 

General  Statutes  of  1866-7— Chapter  34. 

Body  of  the  Law  copied  from  New  York  Law  of  18 13 — Who  may 
Vote — Sale  of  Real  Estate — Succession  Established — Trustees  may 
be  chosen  according  to  Denominational  Usage — Disturbing  Religious 
Meetings. 

The  laws  for  the  incorporation  of  religious  societies 
in  this  State  are  copied  from  those  of  the  State  of 
New  York,  passed  in  1813,  and  differ  from  them  in 
the  following  sections  only.     (See  New  York.) 

*  As  amended  in  1871. 


Mmncsota.  125 

Sec.  Z2,  No  person  belonging  to  any  such  church, 
congregation,  or  society,  incorporated  under  the  pro- 
visions of  this  chapter,  is  entitled  to  vote  at  any  elec- 
tion after  the  first,  until  he  has  been  an  attendant  on 
public  worship  in  such  church,  congregation,  or  so- 
ciety at  least  six  months  before  such  election,  and 
contributed  to  the  support  of  such  church,  congrega- 
tion, or  society,  according  to  the  usages  and  customs 
thereof. 

Sec.  85.*  It  shall  be  lawful  for  any  religious  cor- 
poration, organized  under  the  provisions  of  this 
title,  by  and  through  their  trustees,  to  sell  and  cor- 
vey,  encumber,  or  otherwise  dispose  of  any  real  estate 
belonging  to  such  corporation  ;  provided,  however, 
that  no  such  conveyance  or  encumbrance  shall  be 
made  by  the  trustees,  except  when  first  authorized  to 
make  the  same,  by  a  resolution  of  such  society  passed 
at  a  meeting  thereof  called  for  that  purpose,  notice 
of  the  time,  place,  and  object  of  which  shall  be  given 
at  least  four  successive  Sabbaths  on  which  such  society 
statedly  meet  for  public  worship  immediately  preced- 
ing the  time  specified  for  such  meeting ;  and  proof 
of  the  fact  of  such  notice,  meetings,  and  resolutions 
may  be  made  by  the  affidavits  of  one  of  such  trustees, 
or  by  any  of  the  members  of  such  society  cognizant 
of  the  facts.  Such  affidavits  may  be  recorded  at 
length  in  the  office  of  the  register  of  deeds  of  the 
county  where  the  premises  are  situated,  and  the 
same,  and  the  records  thereof  aforesaid,  or  certified 
copies  of  such  records,  shall  be  presumptive  of  the 
facts  therein  contained. 

*  As  amended  March,  1867, 
10 


1 26     Lazvs  Relating  to  Religious  Corporations. 

Sec.  ^y.  All  lands,  tenements,  and  hereditaments 
lawfully  conveyed  by  devise,  grant,  purchase,  or  other- 
wise, to  any  persons  as  trustees  for  the  use  of  any 
religious  society  organized,  or  which  may  hereafter 
be  organized,  within  this  State,  either  for  a  meeting- 
house, burial-ground,  or  for  the  residence  of  a  preach- 
er, shall  descend  with  the  improvements,  in  perpetual 
succession  to,  and  shall  be  held  by,  such  trustees  in 
trust  for  such  society. 

Sec.  88.  Whenever,  by  the  constitution,  rules,  or 
usages  of  a  particular  church,  or  religious  denomina- 
tion, trustees  are  required  to  be  appointed  by  any 
ministers,  presiding  elders,  or  other  officers  of  such 
church  or  denomination,  such  ministers,  presiding 
elders,  or  other  officer,  or  officers  shall  give  to  such 
trustees  a  certificate  of  their  appointment  under  the 
hand  and  seal  of  the  person  making  the  same,  speci- 
fying the  name  by  which  such  trustees  and  their  suc- 
cessors shall  forever  thereafter  be  called  and  known, 
which  certificate  shall  be  acknowledged,  and  proved, 
and  recorded  as  hereinbefore  directed ;  whereupon 
such  trustees  and  their  successors,  appointed  in  the 
same  manner,  shall  be  a  body  corporate,  by  the  name 
expressed  in  such  certificate,  with  all  the  rights,  pow- 
ers, and  privileges  of  other  religious  corporations  con- 
stituted according  to  the  provisions  of  this  title. 

Sec.  89.  Whenever,  by  the  constitution,  rules,  and 
usages  of  any  particular  church  or  religious  denomi- 
nation, the  ministers,  elders,  and  deacons,  or  other 
officers,  elected  by  any  church  or  congregation,  ac- 
cording to  such  constitution,  rules,  or  usages,  are 
thereby  constituted  the  trustees  of  such  church  or 


Minnesota,  127 

congregation,  such  minister  or  ministers,  elders  or  dea- 
cons, or  other  officers,  may  assemble  together  and  ex- 
ecute under  their  hands  and  seals  a  certificate,  stating 
therein  the  name  by  which  they,  and  their  successors 
in  office,  shall  forever  thereafter  be  called  and  known, 
which  certificate  shall  be  acknowledged,  or  proved 
and  recorded  as  hereinbefore  directed  ;  whereupon 
such  persons,  and  their  successors  in  office,  shall  be 
a  body  corporate  by  the  name  expressed  in  such  cer- 
tificate, with  all  the  rights,  powers,  and  privileges  of 
other  religious  corporations  constituted  according  to 
the  provisions  of  this  title. 

Chapter  100. 
DISTURBING  RELIGIOUS   MEETINGS. 

Sec.  23.  No  person  shall  keep  any  shop,  tent, 
booth,  wagon,  carriage  for  the  sale  of,  or  shall  sell, 
give,  or  expose  for  sale,  any  spirituous  or  intoxicat- 
ing Hquors,  goods,  or  merchandise  of  any  kind,  within 
two  miles  of  any  public  assembly,  camp  or  grove- 
meeting,  convened  for  the  purpose  of  religious  wor- 
ship ;  but  this  shall  not  be  construed  to  prevent  any 
person  from  selling  merchandise  at  the  shop  or  store 
where  he  usually  transacts  business,  nor  from  selling 
liquors  in  any  place  where  he  has  received  a  license 
therefor,  before  the  appointment  of  such  religious 
meeting,  nor  to  prevent  any  peddler  from  selling  his 
goods  to  any  person  at  the  usual  place  of  business, 
or  residence  of  such  person. 

Sec.  24.  Whoever  is  guilty  of  a  breach  of  the  pre- 
ceding section,  upon  conviction  thereof  before  any 
justice  of  the    peace   shall   be   fined  not   exceeding 


128     Laivs  Relating  to  Religious  Corporations. 

thirty  dollars,  or  imprisoned  in  the  county  jail  for 
any  term  not  exceeding  thirty  days,  or  may  be  sen- 
tenced to  both  said  punishments. 

Sec.  25.  Whoever  is  guilty  of  noisy,  rude,  or  in- 
decent behavior,  of  exhibiting  shows  or  plays,  or  pro- 
moting or  engaging  in  horse-racing,  or  gambling,  at 
or  near  any  such  religious  meeting,  so  as  to  interrupt 
or  disturb  the  same,  or  at  any  religious  meeting  of  the 
citizens  of  this  State,  maliciously  cuts,  or  otherwise 
injures  or  destroys,  any  harness,  or  tents,  or  other 
property  belonging  to  any  tent-holder  or  other  per- 
son, upon  conviction  thereof  before  any  justice  of  the 
peace  shall  be  fined  not  exceeding  fifty  dollars  ;  or  if 
the  offense  is  of  an  aggravated  nature,  he  may  be 
held  to  recognize,  with  sufficient  sureties,  to  appear 
at  the  District  Court  next  to  be  holden  in  the  same 
ocunty,  and  upon  conviction  before  such  court  he 
shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars,  or  imprisonment  in  the  county  jail  not  ex- 
ceeding ninety  days,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  26.  No  prosecution  for  any  violation  of  the 
provisions  of  the  last  three  sections  shall  be  sus- 
tained, unless  commenced  within  sixty  days  after  the 
commission  of  such  offense. 


Mississippi.  129 


Chapter    XX.      Mississippi, 

Eevised  Code,  1857.— Chapter  35. 

How  to  Incorporate — Right  to  Property — Powers  of  the  Corporation 
— Marriages — Disturbing  Religious  Worship. 

Sec.  I.  Persons  desiring  to  be  incorporated  as  a 
religious  society  may  prepare  a  charter,  drawn  up  on 
parchment  or  paper,  which  must  be  headed  "  The 
Charter  of  Incorporation,"  and  contain  a  clear  and 
definite  statement  of  the  purposes  for  which  the  cor- 
poration was  created,  the  names  of  the  persons  or 
designation  of  the  inhabitants  incorporated,  the  cor- 
porate name  by  which  it  is  to  be  known,  the  powers 
to  be  exercised,  the  period  for  which  such  corpora- 
tion is  to  exist,  if  it  is  to  be  limited  in  duration,  to- 
gether with  whatever  else  may  be  necessary  to  be 
stated.  The  charter  so  proposed  must  be  submitted 
to  the  governor  for  his  approval,  who  must  take  the 
advice  of  the  attorney  general  as  to  the  constitution- 
ality of  the  provisions  of  such  charter,  and  if  the 
governor  approve  it,  he  must  write  his  approval  at 
the  bottom  of  it,  and  sign  his  name  thereto,  and 
cause  the  great  seal  of  the  State  to  be  affixed  thereto 
by  the  Secretary  of  State.  The  governor,  however, 
may  require  amendments  or  alterations  to  be  made 
to  such  proposed  charter  previous  to  signing  the 
same  ;  or  if  deemed  expedient  by  him,  he  may  with- 
hold his  approval  entirely. 

Sec.  2.  Upon  the  approval  of  the  charter  by  the 
governor,  the  powers  specified  in  such  charter  will 
be  vested  in  the  corporation,  and  the  corporation 


1 30    Lazvs  Relating  to  Religious  Corporations. 

will  go  into  effect  and  operation  at  the  time,  and  on 
the  terms  specified,  subject,  however,  to  be  repealed 
by  the  Legislature  of  the  State. 

Sec.  3.  In  like  manner  the  charter  may  be  amend- 
ed or  renewed.  In  case  of  renewal  merely,  it  will  be 
sufficient  for  the  governor  to  give  a  certificate  that 
the  original  charter  is  renewed  under  the  great  seal 
of  the  State. 

Sec.  4.  Every  charter  so  granted,  and  every  amend- 
ment and  certificate  of  renewal,  must  be  recorded  at 
length  in  the  office  of  the  Secretary  of  State,  in  a 
well-bound  book  to  be  kept  by  him  for  that  pur- 
pose, and  for  making  such  record  he  may  charge 
ten  cents  for  every  hundred  words.  The  original 
must  be  delivered  to  the  parties,  and  a  certified  copy 
is  made  admissible  in  evidence  in  all  courts  of  jus- 
tice in  the  State.  The  Secretary  of  State  is  required 
to  furnish  such  certified  copy  to  any  person  demand- 
ing the  same,  at  a  like  charge  as  for  recording  the 
original. 

Sec.  5.  Every  religious  corporation  has  succession 
for  the  time  limited  in  the  charter,  and  if  no  time  be 
limited,  then  perpetual  succession.  They  may  deter- 
mine the  manner  of  calUng  and  conducting  meetings, 
and  the  number  to  constitute  a  quorum  ;  they  may 
elect  all  necessary  officers,  and  prescribe  the  salaries 
and  terms  of  officers ;  they  may  sue  and  be  sued, 
and  prosecute  and  be  prosecuted  to  judgment  and 
satisfaction  before  any  court  of  justice  in  this  State ; 
they  may  each  have  a  corporate  seal ;  they  may  con- 
tract, and  be  contracted  with,  within  the  limits  of 
their  corporate  powers ;  they  may  sell  and  convey 


Mississippi.  131 

their  real  estate  under  their  corporate  seal,  and  the 
signature  of  the  president  or  presiding  officer,  and 
may  also  sell  their  personal  estate ;  and  they  may 
make  all  necessary  by-laws,  not  inconsistent  with 
the  laws  of  the  State,  and  impose  all  necessary 
duties. 

Sec.  6.  The  first  meeting  of  such  religious  corpo- 
ration, unless  otherwise  provided  for,  may  be  called  by 
a  notice  published  in  some  convenient  newspaper  for 
at  least  ten  days  before  the  time  appointed  for  the 
meeting,  which  notice  must  be  signed  by  one  or 
more  persons  named  in  the  charter,  and  such  meet- 
ing, when  assembled,  may  proceed  to  organize  the 
corporation. 

Sec.  7.  In  addition  to  the  foregoing  facilities  for 
incorporating  religious  societies,  it  is  provided  that 
any  religious  society,  consisting  of  the  members  of 
any  particular  denomination  or  congregation,  desir- 
ing to  act  as  an  organized  body,  may  do  so  by  asso- 
ciating together,  and  electing  or  appointing  from  their 
own  body  any  number  of  trustees  or  managers,  by 
whatever  name  known,  for  the  purpose  of  managing 
the  affairs  of  the  society.  The  society  or  association 
are  required  to  keep  a  record  of  its  proceedings, 
which  must  show  the  organization  thereof,  and  the 
election  of  the  trustees  or  managers ;  and  any  soci- 
ety thus  organized  at  each  particular  locality  must  be 
a  distinct  and  independent  society.  Such  society 
may  sue  and  be  sued  by  their  society  name  or  ap- 
pellation, and  process  may  be  served  on  their  presid- 
ing or  chief  officer  by  their  secretary. 

Sec.  8.  Any  religious  society  or  congregation  or 


132     Laws  Relating  to  Religious  Corporatiojis. 

ecclesiastical  body  may  hold  at  any  one  place  a 
house  or  tenement  for  a  place  of  worship,  with 
proper  and  reasonable  ground  attached  thereto ;  a 
house  or  tenement  as  a  place  of  residence  for  their 
pastor  or  minister,  with  proper  and  reasonable  ground 
thereto  attached ;  a  house  or  tenement  to  be  appro- 
priated and  used  as  a  male  school,  or  seminary  of 
learning,  with  proper  and  sufficient  ground  thereto 
attached  ;  and  another  house  or  tenement,  to  be  ap- 
propriated as  a  female  school  or  seminary  of  learning ; 
and  a  cemetery  of  sufficient  dimensions  and  no  more. 
Though  it  is  provided  that  any  religious  society  or 
denomination  may  own  such  cottages  or  seminaries 
of  learning  as  it  may  think  proper,  if  used  for  such 
purposes. 

Sec.  9.  All  lands,  tenements,  or  hereditaments,  or 
any  interest  or  benefit  therein  or  therefrom,  except 
for  the  purposes  specified  in  the  last  preceding  sec- 
tion, which  may  be  given,  granted,  conveyed,  leased 
or  released  to  any  reHgious  society,  denomination,  or 
congregation,  either  directly  or  indirectly,  or  in  trust 
and  confidence  for  the  use  or  benefit  of  such  society, 
either  express,  or  implied,  or  secret,  or  by  the  judg- 
ment of  any  court,  or  by  way  of  lien,  mortgage,  or 
pledge,  are  declared  to  be,  ipso  facto,  by  such  aliena- 
tion, forfeited  to  the  State.  Nor  can  such  society, 
denomination,  or  ecclesiastical  body,  by  act  or  in- 
genuity, appropriate,  or  have  appropriated  to  its  use, 
or  for  its  benefit,  or  to  its  disposition,  any  present 
or  future  interest  in  lands,  tenements,  or  heredita- 
ments, other  than  to  the  extent  above  mentioned  ; 
nor  can  any  such  society  evade  this  provision,  by 


Mississippi.  133 

any  devise  or  subterfuge,  in  taking  or  holding  more 
land  for  any  of  the  purposes  above-mentioned  than  is 
necessary. 

Sec.  10.  Every  devise  or  bequest  of  lands,  tene- 
ments, or  hereditaments,  or  any  interest  therein,  or 
fueehold,  or  less  than  freehold  either  present  or 
future,  vested  or  contingent,  or  of  any  money  di- 
rected to  be  raised  by  the  sale  thereof,  contained 
in  any  last  will  and  testament,  or  codicil,  or  other 
testamentary  writing,  in  favor  of  any  religious  or 
ecclesiastical  corporations,  sole  or  aggregate,  or  any 
religious  or  ecclesiastical  society,  or  to  any  religious 
denomination,  or  association  of  persons,  or  to  any 
•person  or  body  politic,  in  trust,  either  expressed  or 
implied,  secret  or  resulting,  either  for  the  use  and 
benefit  of  such  religious  corporation,  society,  denomi- 
nation or  association,  or  for  the  purpose  of  being 
given  or  appropriated  to  charitable  uses  or  purposes, 
is  declared  to  be  null  and  void,  and  the  heir  at  law 
will  take  the  same  property  so  devised,  or  bequeathed, 
as  though  no  testamentary  disposition  had  been 
made. 

Sec.  II.  Every  legacy,  gift,  or  bequest  of  money 
or  personal  property,  or  of  any  interest,  benefit,  or  use 
therein,  either  direct,  implied,  or  otherwise,  contained 
in  any  last  will  and  testament,  or  codicil  in  favor  of 
any  religious,  ecclesiastical  corporation,  sole  or  aggre- 
gate, or  any  religious  ecclesiastical  society,  or  to  any 
religious  denomination  or  association,  either  for  its 
own  use  or  benefit,  or  for  the  purpose  of  being  given 
or  appropriated  to  charitable  uses,  is  declared  null 
and  void,  and  the  distributers  are  required  to  take  the 


134     Laws  Relating  to  Religious  Corporations. 

same,  as  though  no  such  testamentary  disposition  had 
been  made. 

Sec.  12.  It  is  made  lawful  for  a  pastor  of  any  re- 
ligious society  in  the  State  to  join  together  in  mar- 
riage such  persons  as  are  of  the  society  according  to 
the  rules  and  customs  established  by  the  society  ;  ami 
the  clerk  or  keeper  of  the  minutes,  proceedings,  or 
other  books  of  the  religious  society,  wherein  such 
marriage  may  be  had  and  solemnized  in  the  society, 
in  a  book  kept  by  him  for  that  purpose,  and  return  a 
certificate  of  the  same  to  the  clerk  of  the  Probate 
Court  of  the  county,  to  be  by  him  recorded,  and  such 
books  are  made  evidence. 

DISTURBING  RELIGIOUS   MEETINGS. 

Any  person  who  shall  willfully  disturb  any  congre- 
gation, or  persons  lawfully  assembled  for  religious 
worship,  may  be  immediately  arrested  by  any  officer 
or  private  person  present,  without  warrant,  and  taken 
before  any  justice  of  the  peace  of  the  county,  present 
or  convenient,  and  required  to  enter  into  bond  or  re- 
cognizance for  his  good  behavior,  and  to  keep  the 
peace,  and  for  his  appearance  at  the  next  term  of  the 
Circuit  Court,  to  answer  for  the  offense,  and,  on  con- 
viction thereof,  the  offender  must  be  fined  not  more 
than  five  hundred  dollars,  or  imprisoned  not  more 
than  six  months,  or  both,  at  the  discretion  of  the 
court. — Revised  Code,  chapter  ^\y  sectio7t  25. 


Missouri,  135 


Chapter   XXI. —  Missouri. 

Revised  Statutes  of  1871. 

H  w  to  Incorporate — Form  of  Certificate — Disturbance  of  Religious 
Meetings. 

Sec.  I.  Any  number  of  persons,  not  less  than  three 
in  number,  may  become  an  incorporated  church,  re- 
ligious society,  or  congregation  by  complying  with 
the  provisions  of  this  chapter,  except  that  it  will  be 
sufficient  if  the  petition  be  signed  by  all  persons  mak- 
ing the  application  ;  and  when  so  incorporated,  such 
persons,  and  their  associates  and  successors,  shall  be 
known  by  the  corporate  name  specified  in  the  certif- 
icate of  its  corporation,  and  shall  be  entitled  to  all 
the  privileges,  and  capable  of  exercising  all  the 
powers  conferred  or  authorized  to  be  conferred  by  the 
constitution  of  this  State  upon  such  corporations. 
Application  must  be  made  to  a  judge  of  a  Circuit 
Court,  who  will  issue  the  following  certificate. 

Whereas  A.  B.,  C.  D.,  and  others  have  filed  in  the 
office  of  the  clerk  of  the  Circuit  Court  their  articles  of 
association,  in  compliance  with  the  provisions  of  an 
"  Act  concerning  Corporations,"  approved  March  19, 
1866,  with  their  petition  for  incorporation  under  the 
name  and  style  of  .  .  .  they  are  therefore  hereby  de- 
clared a  body  politic  and  corporate,  by  the  name 
and  style  aforesaid,  with  all  the  powers,  privileges, 
and  immunities  granted  in  the  act  above  named.  By 
order  of  the  Circuit  Court  (or  judge  thereof.) 
Attest,  ^  G.  H., 

Clerk  of  the  Circuit  Court  of County. 


136   Laws  Relating  to  Religious  Corporations, 

Article  8. 
DISTURBING    RELIGIOUS    MEETINGS, 

Sec.  30.  Every  person  who  shall  willfully,  mali- 
ciously, or  contemptuously  disquiet  or  disturb  any 
camp-meeting,  congregation,  or  other  assembly  of 
people  met  for  religious  worship  by  making  a  noise, 
or  by  rude  or  indecent  behavior,  or  profane  discourse, 
within  their  place  of  worship,  or  so  near  to  the  same 
as  to  disturb  the  order  or  solemnity  of  the  meeting, 
or  menace,  threaten,  or  assault  any  person  there  be- 
ing, shall  be  deemed  guilty  of  a  misdemeanor,  and 
punished  by  fine  not  exceeding  one  hundred  dollars, 
and,  if  unable  to  pay  the  fine,  by  confinement  in  the 
county  jail  not  exceeding  three  months. 

Sec.  31.  Every  person  who  shall  erect  or  keep  a 
booth,  tent,  stall,  or  other  contrivance  for  the  purpose 
of  selling  or  otherwise  disposing  of  any  wine  or 
spirituous  or  fermented  liquors,  or  any  drink  of  which 
wine  or  spirituous  liquors  form  a  part,  within  one  mile 
of  any  camp  or  field  meeting  for  religious  worship 
during  the  time  of  holding  such  meeting,  shall  upon 
conviction  be  adjudged  guilty  of  a  misdemeanor  and 
fined  not  exceeding  fifty  dollars. 


Nebraska,  137 


Chapter  XXI  I.  — Nebraska. 

Eevised  Statutes  of  1873. 

Organization  —  Powers  of  Trustees — How  Supply  in  case  of  Va- 
cancy. 

Sec.  I.  It  shall  be  lawful  for  any  religious  sect  or 
denomination,  fire  company,  or  any  literary,  scien- 
tific, or  benevolent  association  within  this  State,  to 
elect  at  a  meeting  of  a  majority  of  the  members  of 
any  organized  church,  fire  company,  literary,  scien- 
tific, or  benevolent  association  as  aforesaid,  called  for 
that  purpose,  any  number  of  their  members  not  less 
than  three,  to  serve  as  trustees  or  directors,  and  one 
member  as  clerk,  who  shall  hold  their  offices  during 
the  pleasure  of  the  society  or  association. 

Sec.  2.  That  the  clerk  so  appointed  shall  make  a 
true  record  of  the  proceedings  of  the  meeting  pro- 
vided for  in  this  subdivision,  and  certify  and  deliver 
the  same  to  the  clerk  of  the  county  where  such 
meeting  shall  be  held,  together  with  the  name  by 
which  such  church,  fire  company,  or  association  shall 
thereafter  desire  to  be  known,  and  it  shall  be  the 
duty  of  each  county  clerk  in  this  State,  immediately 
upon  the  receipt  of  such  certified  statement,  to  record 
the  same  in  a  book  of  record  to  be  kept  by  him  pro- 
vided for  that  purpose  at  the  expense  of  his  county, 
for  which  service  he  may  demand  and  receive  the 
sum  of  ten  cents  for  every  hundred  words,  and  from 
and  after  making  such  record  by  the  county  clerk, 
the  said  trustees  or  directors  and  their  associated 
members  and  their  successors,  shall  be  invested  with 


138      Laws  Relating  to  Religious  Corporations, 

the  powers,  privileges,  and  immunities  incident  to 
aggregate  corporations  ;  and  a  certified  transcript  of 
the  record  herein  authorized  to  be  made  by  the 
county  clerk,  shall  be  deemed  and  taken  in  all  courts 
and  places  whatsoever  in  this  State  as  prima-facie 
evidence  of  the  existence  of  such  association  or  cor- 
poration. 

Sec.  3.  The  trustees  or  directors  who  may  be  ap- 
pointed under  the  provisions  of  this  subdivision  and 
their  successors  in  office  shall  have  perpetual  suc- 
cession, by  such  name  as  may  be  designated,  and  by 
such  name  be  legally  capable  of  contracting,  prose- 
cuting, and  defending  suits,  and  shall  have  capacity 
to  acquire,  hold,  enjoy,  dispose  of,  and  convey  all 
property,  real  and  personal,  which  they  may  acquire 
by  purchase,  donation,  or  otherwise,  for  the  purpose 
of  carrying  out  the  intentions  of  such  society  or  as- 
sociation, but  they  shall  not  acquire  or  hold  property 
for  any  other  purpose. 

Sec.  4.  Such  society  or  association,  when  incorpo- 
rated, may  elect  such  officers  and  make  such  rules 
and  regulations  as  may  be  necessary  or  expedient 
for  its  own  government  and  the  management  of  its 
fiscal  and  other  affairs  to  effect  their  respective 
objects. 

Sec.  5.  If  said  board  of  trustees  or  directors,  as  is 
provided  for  in  this  subdivision,  shall  be  vacated, 
either  in  whole  or  in  part,  by  death,  resignation,  or 
otherwise,  such  board  of  trustees  or  directors  may  be 
revived,  or  such  vacancy  or  vacancies  filled,  in  the 
manner  pointed  out  in  this  subdivision  for  the  orig- 
inal organization  of  said  board,  and  a  majority  of  said 


Nebraska.  1 39 

trustees  or  directors  shall  be  a  quorum  for  the  trans- 
action of  business. 


Chapter  XXI II.  — New   Hampshire. 

General  Statutes,  1867.— Chapter  139. 

Societies — How  Formed — Powers  and  Duties  of  Trustees — Mem- 
bership to  be  Voluntary — Assessments — Taxes — Donations  to  Unin- 
corporated Societies — Church  Officers  may  be  Corporate  Bodies — 
When  Ministers  may  be  deemed  Corporators — May  hold  Parsonages 
—Conveyances— Income  of  Property — Neglects  not  to  affect  the  Soci- 
ety— Disturbance  of  Religious  Worship. 

Sec.  I.  Any  persons  may  associate  together,  by 
written  articles  signed  by  each  member,  as  a  relig- 
ious society,  assume  a  corporate  name,  and  choose  a 
clerk,  who  shall  be  duly  sworn  ;  and,  having  recorded 
their  proceedings,  name,  and  intention,  in  a  book  of 
records  to  be  kept  by  said  clerk,  and  published  no- 
tice thereof,  they  shall  be  a  body  politic  and  cor- 
porate. 

Sec.  2.  Such  society  shall  possess  the  powers,  and 
be  subject  to  the  duties  incident  to  corporations  of  a 
similar  nature,  so  far  as  the  same  are  not  limited  or 
enlarged  by  this  chapter ;  may  take  and  hold  real 
and  personal  estate,  for  the  purpose  of  erecting  and 
keeping  in  repair  a  house  of  public  worship,  a  par- 
sonage house,  and  other  buildings  necessarily  con- 
nected therewith,  and  supporting  the  ministry  in 
such  society ;  and  may  improve  and  dispose  of  the 
same,  for  the  sole  use  and  benefit  of  such  society  ;  but 
the  annual  value  or  income  of  all  the  property  of 
such  society  shall  not  exceed  five  thousand  dollars. 


140     Laws  Relating  to  Religions  Corporations. 

Sec.  3.  No  person  shall  be  liable  as  a  member  of 
any  society  without  his  express  consent  first  heard 
and  obtained  ;  and  any  person  may  separate  from 
any  society  by  leaving  with  the  clerk  thereof  a  writ- 
ten notice,  by  him  signed,  of  his  intention  so  to  sepa- 
rate, and  paying  all  legal  assessments  and  arrearages 
then  due  from  him  to  such  society. 

Sec.  4.  Such  society  may  assess  and  raise  money 
by  taxes  upon  the  polls  and  ratable  estates  of  the 
members  thereof,  and  collect  and  appropriate  the 
same  for  the  purposes  aforesaid  ;  and  the  assessors 
and  collectors,  in  assessing  and  collecting  any  such 
tax,  shall  have  the  powers,  and  be  subject  to  the  pen- 
alties, of  similar  town  officers  in  like  cases. 

Sec.  5.  If  any  donation,  gift,  or  grant  be  made  to 
any  unincorporated  religious  society,  such  society  shall 
have  the  like  power  to  manage,  use,  and  employ  the 
same,  according  to  the  terms  and  conditions  on  which 
the  same  may  be  made,  as  incorporated  societies  may 
have  by  law,  and  to  elect  suitable  trustees,  agents,  or 
other  officers  therefor,  and  to  prosecute  and  sue  for 
any  right  which  may  vest  in  them  in  consequence  of 
such  donation,  gift,  or  grant ;  and  such  society  shall 
be  a  corporation,  so  far  as  may  be  necessary  for  the 
purposes  expressed  in  this  section  ;  but  the  income 
of  the  donations,  gifts,  or  grants  to  any  such  unincor- 
porated religious  society  shall  not  exceed  the  sum  of 
five  thousand  dollars  a  year. 

Sec.  6.  The  trustees,  deacons,  church-wardens,  or 
other  similar  officers  of  all  churches  or  religious  so- 
cieties, if  citizens  of  the  United  States,  shall  be 
deemed  bodies  corporate  for  the  purpose  of  taking 


New  Hampshire.  141 

and  holding  in  succession  all  grants  and  donations, 
whether  of  real  or  personal  estate,  made  either  to 
them  and  their  successors,  or  to  their  respective 
churches,  or  to  the  poor  of  their  churches. 

Sec.  7.  In  all  cases  where  the  ministers,  elders,  or 
vestry  of  any  church  shall,  in  the  grants  and  dona- 
tions mentioned  in  the  preceding  section,  have  been 
joined  with  such  deacons  or  church-wardens  as  do- 
nees or  grantees,  such  officers  and  their  successors, 
together  with  the  deacons  or  church-wardens,  shall 
be  deemed  the  corporation  for  the  purposes  of  such 
grants  and  donations. 

Sec.  8.  The  minister  of  every  church  or  religious 
society,  of  whatever  denomination,  if  a  citizen  of  the 
United  States,  shall  be  capable  of  taking  in  succes- 
sion any  parsonage  land  granted  to  the  minister 
and  his  successors,  or  to  the  use  of  ministers,  or 
granted  by  any  words  of  the  like  import,  and  may 
prosecute  and  defend  in  all  actions  touching  the 
same. 

Sec.  9.  No  conveyance  of  the  lands  of  any  church 
shall  be  effectual  to  pass  the  same,  if  made  by  the 
trustees  or  deacons,  without  the  consent  of  the 
church,  or  a  committee  of  the  church  appointed  for 
that  purpose,  or,  if  made  by  the  church-wardens, 
without  the  consent  of  the  vestry. 

Sec.  10.  No  conveyance  made  by  any  minister,  of 
lands  held  by  him  in  succession,  shall  be  valid  any 
longer  than  he  continue  to  be  such  minister,  unless 
such  conveyance  shall  be  made  with  the  consent  of 
the  town,  parish,  or  religious  society  of  which  he  is  a 
minister,  or  unless  he  be  a  minister  of  an  Episcopal 


142      Lazvs  Relating  to  Religious  Corporations. 

Church,  and  shall  make  the  conveyance  with  the  con- 
sent of  the  vestry. 

Sec.  II.  The  several  churches,  other  than  those  of 
the  Episcopal  denomination,  are  authorized  to  choose 
committees  for  the  purpose  of  settling  the  accounts 
of  the  trustees,  deacons,  and  other  church  officers, 
and,  if  necessary,  to  commence  and  prosecute  any 
suit  in  the  name  of  the  church  against  the  said  trust- 
ees, deacons,  or  other  officers  touching  the  same. 

Sec.  12.  The  income  of  any  grant  or  donation 
made  to  or  for  the  use  of  any  church  shall  not  ex- 
ceed five  thousand  dollars  a  year,  exclusive  of  the  in- 
come of  any  parsonage  lands  granted  to  or  for  the 
use  of  the  ministry. 

Sec.  13.  The  overseers  of  each  monthly  meeting, 
of  the  people  called  Friends  or  Quakers,  shall  be  a 
body  corporate,  to  take  and  hold  in  succession  all 
grants  and  donations  of  real  or  personal  estate  made 
to  the  use  of  such  meeting,  or  to  the  use  of  any  pre- 
parative meeting  belonging  thereto,  and  to  alien  or 
manage  such  real  or  personal  estate,  according  to  the 
terms  and  conditions  of  the  grants  and  donations, 
and  to  prosecute  and  defend  in  any  action  touching 
the  same  ;  but  the  income  of  the  grants  and  dona- 
tions to  any  such  meeting  for  the  uses  aforesaid  shall 
not  exceed  the  sum  of  five  thousand  dollars  a  year. 

Sec.  14.  No  rehgious  society  or  corporation  shall 
be  dissolved  or  extinguished,  nor  shall  its  right  or 
title  to  any  property  acquired  by  purchase,  gift,  de- 
vise, bequests,  or  otherwise  be  in  any  way  affected 
by  the  neglect  or  omission  of  such  society,  or  corpora- 
tion, to  hold  its  annual  meeting  or  choose  its  officers. 


New  Hampshire,  143 

or  by  reason  of  the  omission  or  neglect  of  its  clerk, 
or  any  other  officer  to  be  sworn,  or  by  reason  of  any 
informality  in  the  election  of  its  officers,  or  defect  in 
its  records. 

Chapter  140. 
SALE,   REPAIRS,    AND   MODIFICATION   OF    MEETING-HOUSES. 

Sec.  I.  If  any  meeting-house  has  ceased  to  be 
occupied  by  the  proprietors  thereof  as  a  place  of 
public  worship  for  the  space  of  two  years,  said  pro- 
prietors, at  a  meeting  called  for  that  purpose,  may, 
by  major  vote,  decide  to  sell  the  same  at  auction,  and 
appoint  a  committee,  with  full  power  to  make  such 
sale  and  execute  a  conveyance  of  said  house  and  its 
appurtenances  to  the  purchaser,  said  committee  first 
pubhshing  a  notice  of  the  time  and  place  of  sale. 

Sec.  2.  Such  meeting  may  be  called  by  any  three 
of  the  proprietors  by  publishing  a  notice  thereof,  the 
last  publication  to  be  at  least  ten  days  before  said 
meeting. 

Sec.  3.  Said  committee  shall  divide  the  net  pro- 
ceeds of  such  sale  among  the  proprietors  of  the 
house,  according  to  their  respective  interests  therein, 
to  be  determined  by  a  committee  of  three  or  five  dis- 
interested persons,  chosen  by  the  proprietors  for  that 
purpose. 

Sec.  4.  If  any  meeting-house  built  by  its  pew- 
holders  has  ceased  to  be  occupied  as  a  place  of  pub- 
lic worship,  the  pew-holders,  by  a  three- fourths  vote, 
at  a  meeting  called  in  the  manner  provided  in  the 
second  section,  by  any  three  or  more  of  their  num- 
ber, may  decide  to  sell  the  same  at  auction,  and 


1 44     Laws  Relating  to  Religious  Corporations. 

appoint  a  committee,  with  full  power  to  make  such 
sale  and  execute  a  conveyance  of  said  house  and  its 
appurtenances,  said  committee  to  publish  notice  of 
the  time  and  place  of  sale  ;  and  the  net  proceeds  of 
such  sale  shall  be  divided  as  provided  in  the  preced- 
ing section. 

Sec.  5.  If  any  meeting-house  built  by  any  town  or 
corporation  has  ceased  to  be  occupied  as  a  place  of 
worship,  such  town  or  corporation  may  decide  to  sell 
the  same  at  auction,  and  appoint  a  commitee  to  make 
the  sale,  and  execute  the  conveyance  of  the  house 
and  its  appurtenances,  said  committee  first  publish- 
ing notice  of  the  time  and  place  of  sale  ;  and  the  net 
proceeds  of  such  sale  shall  be  equally  divided  be- 
tween the  proprietors,  owners,  and  pew-holders  of 
such  house,  according  to  the  value  of  their  respective 
interests  therein,  to  be  determined  by  the  county 
commissioners  for  the  county  wherein  the  same  is 
situated,  on  application  to  them  for  that  purpose  by 
any  party  interested. 

Sec.  6.  If  a  majority  in  interest  of  the  proprietors 
of  any  building  used  as  a  house  of  public  worship 
are  of  the  opinion  that  said  building  needs  repairs, 
and  have  signified  that  opinion,  by  signing  a  paper 
expressing  their  assent  to  a  call  of  a  meeting  of  said 
proprietors  for  the  purpose  of  providing  for  such  re- 
pairs, any  one  of  said  proprietors  may  call  such 
meeting  at  such  house,  to  consult  and  agree  about 
repairing  the  same,  by  giving  to  each  proprietor  in 
hand,  or  leaving  at  his  abode,  or  depositing  in  the 
post-office,  inclosed  in  an  envelope  properly  stamped 
and  directed  to  such  proprietor  at  his  abode,  a  writ- 


New  Hampshire,  145 

ten  or  printed  notice  by  him  signed,  stating  the  time, 
place,  and  objects  of  such  meeting,  not  more  than 
thirty,  nor  less  than  ten  days  before  the  day  of 
meeting. 

Sec.  7.  If  it  be  impracticable  to  give  the  notice 
prescribed  in  the  preceding  section,  for  the  reason 
that  the  residence  of  any  proprietor  is  unknown, 
such  meeting  may  be  called  by  posting  a  notice 
thereof,  twenty  days  at  least  before  the  day  of  meet- 
ing, in  two  or  more  public  places  in  the  town  where 
such  house  is  situated,  and  publishing  a  like  notice. 

Sec.  8.  At  such  meeting  each  individual  owner  in 
the  building  shall  be  entitled  to  one  vote,  in  the  elec- 
tion by  ballot  of  a  committee  of  three,  who  shall 
appraise  each  interest,  and  establish  the  proportion 
of  each  interest  to  the  whole  value  of  the  property ; 
and  the  expense  of  any  repairs  made  shall  be  as- 
sessed upon  the  interest  of  each  proprietor,  agree- 
ably to  the  proportion  established  by  such  com- 
mittee. 

Sec.  9.  If  any  proprietor  neglects  to  attend  such 
meeting,  or,  attending,  does  not  agree  with  the  ma- 
jority in  interest  of  the  proprietors  as  to  the  repair 
of  such  house,  such  majority  may  cause  such  repairs 
to  be  made  as  they  judge  necessary  or  advisable,  and 
shall  be  reimbursed  such  sums  as  they,  or  any  of 
them,  may  advance  toward  said  repairs,  beyond  their 
respective  proportion  of  the  expense  thereof,  by  a 
sale  at  auction,  at  said  house,  after  the  lapse  of  one 
year,  of  any  delinquent  proprietor's  pew  or  pews,  or 
other  interest  in  said  house  and  any  estate  connected 
therewith  ;  until  which  sale  shall  be  made,  the  pro- 


146      Laivs  Relating  to  Religions  Corporations. 

prietors  who  have  made  such  advances  shall  have  a 
valid  lien  upon  such  delinquent's  entire  interest  in 
said  house  and  estate,  for  his  proportion  of  the  whole 
expense  of  such  repairs. 

Sec.  10.  If  any  proprietor  fails  to  pay  his  propor- 
tion of  the  expense  of  such  repairs  within  one  year 
from  the  completion  thereof,  his  whole  interest  in 
such  house  and  estate  may  be  sold  at  auction  to  pay 
the  same,  with  interest  and  incidental  charges.  Such 
sale  may  be  made  by  the  town  clerk,  or  any  justice 
of  the  peace  resident  in  the  town  where  said  house 
is  situate,  upon  application  to  him  for  that  purpose, 
notice  of  the  time  and  place  of  sale  having  first  been 
published ;  and  such  town  clerk  or  justice  may 
make  and  execute  a  valid  conveyance  to  the  pur- 
chaser. 

Sec.  II.  If  from  such  sale  a  greater  sum  is  real- 
ized than  is  required  to  pay  the  delinquent  proprie- 
tor's proportion  of  the  expense  of  such  repairs,  with 
interest  and  incidental  charges,  the  balance  shall  be 
deposited  with  the  clerk  of  said  town,  to  be  paid 
such  delinquent  upon  demand  made  thereof. 

Sec.  12.  If  three  fourths  of  the  pew  holders  in  any 
house  of  public  worship  desire  to  remove  the  same  to 
a  new  location,  to  repair  the  same,  modify  the  interior 
thereof,  remove  the  pews  and  provide  new  ones,  alter 
the  pews  and  provide  slips,  or  sell  all  the"  pews 
therein,  or  in  any  other  way  modify  or  change  the 
interior  accommodations  of  said  house,  and  have  sig- 
nified that  desire  by  signing  a  paper  expressing  their 
assent  to  the  call  of  a  meeting  of  the  pew  holders  for 
any  of  those  purposes,  any  one  of  such  pew  holders 


New  Hampshire,  147 

may  call  such  meeting  in  the  manner  provided  in 
the  sixth  and  seventh  sections  of  this  chapter. 

Sec.  13.  At  such  meeting  the  pew  holders,  by  a 
three-fourths  vote,  may  determine  to  make  such  re- 
moval, repairs,  or  changes  as  they  deem  advisable, 
and  appoint  agents  to  carry  their  votes  into  effect ;  and 
the  pews  or  other  interest  of  any  pew  holder  in  said 
house,  and  any  estate  connected  therewith,  shall  be 
liable,  as  hereinbefore  provided  in  the  case  of  repairs 
made  by  a  majority  of  the  proprietors,  for  his  pro- 
portion of  the  expense  of  such  removal,  repairs,  or 
changes,  which  proportion  shall  be  determined  by  the 
selectmen  on  application  to  them  for  that  purpose, 
unless  the  pew  holders  at  such  meeting  unanimously 
agree  upon  a  committee  for  that  purpose. 

Sec.  14.  If  any  pew  holder,  before  any  removal,  re- 
pairs, or  changes  are  commenced,  shall  offer  to  convey, 
and  (if  requested)  actually  conveys  to  the  other  pew 
holders,  or  any  of  them,  his  interest  in  such  house  at  a 
sum  mutually  agreed  upon  or  to  be  determined  by  said 
selectmen,  he  shall  not  be  holden  for  the  payment  of  any 
portion  of  the  expense  of  repairs  or  changes  subse- 
quently made  ;  otherwise  the  pew  holders  making  ad- 
vances beyond  their  proportion  to  defray  the  expense  of 
such  repairs  or  changes  shall  have  the  same  lien  upon 
any  dehnquent  pew  holder's  interest  in  said  house  and 
estate,  for  his  proportion  of  that  expense,  as  is  herein- 
before provided  in  the  case  of  repairs  by  a  majority  of 
proprietors  ;  and  if  the  same  shall  not  be  paid  by  him 
within  one  year  from  the  completion  of  such  repairs 
or  changes,  such  interest  may  be  sold  at  auction,  and 
conveyance  thereof  made  as  in  that  case  provided. 


148     Laws  Relating  to  Religious  Corporations. 

Sec.  15.  If  any  town  shall  vote  to  repair  for  town 
purposes  any  meeting-house  built  by  the  town,  it  shall 
cause  the  pews  therein  to  be  appraised  by  a  commit- 
tee of  three  disinterested  persons,  and  pay  to  the  pew 
holders  the  full  value  of  their  respective  interests,  as 
determined  by  such  appraisal  upon  demand.  Any 
pew  holder  dissatisfied  with  the  appraisal  of  his  pew, 
or  such  town,  may  appeal  to  the  next  trial  term  of 
the  Supreme  Court  for  the  county  in  which  such  house 
is  situate,  when  the  same  proceedings  shall  be  had  as 
in  the  case  of  appeals  from  the  assessment  by  select- 
men of  damages  for  land  taken  for  highways. 

Sec.  16.  If  three  fourths  of  the  owners,  proprietors, 
or  pew  holders  of  any  building  used  as  a  house  of 
public  worship  are  of  opinion  that  such  building  is 
not  sufficient  to  accommodate  all  those  who  desire 
to  worship  in  such  house,  they  may,  at  a  meeting 
called  for  that  purpose,  sell  or  dispose  of  such  house, 
in  such  manner  as  they  may  deem  for  the  best  in- 
terests of  such  owners,  proprietors,  or  pew  holders, 
and  appropriate  the  proceeds  of  the  same  to  such 
purpose  as  they  may  determine.  Such  meeting  may 
be  called,  at  such  house,  in  the  manner  provided  in 
the  second  section,  by  any  three  of  the  owners,  pro- 
prietors, or  pew  holders. 

Chapter  255. 
DISTURBANCE  OF  RELIGIOUS  MEETINGS. 

Sec.  6.  Any  selectman  or  police  officer  shall  have 
power  to  remove  any  person  behaving  rudely  or  in- 
decently, in  any  meeting  for  pubHc  worship,  from  the 
place  of  such  meeting,  and  him  detain  until  the  close 


New  Hampshire.  149 

thereof,  and  the  same  right  to  command  assistance 
as  sheriffs  have,  and  may  prosecute,  [for  such 
offenses.] 

Sec.  7.  If  any  person  shall  disturb  any  religious 
meeting,  by  speaking  in  the  same,  so  as  to  interrupt 
or  prevent  the  stated  or  orderly  proceedings  and  ex- 
ercises of  such  meeting,  or  shall  make  such  disturb- 
ance while  the  people  are  assembling  at  or  leaving 
their  place  of  worship,  and  shall  not  desist  there- 
from when  requested,  he  may  be  removed  from  such 
meeting  or  place  of  worship  by  any  individual. 

Sec.  8.  Any  person  so  offending  shall  be  fined  from 
one  dollar  to  ten  dollars,  and  may  be  required  to  rec- 
ognize, with  sureties,  in  a  sum  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  to  be  of 
good  behavior  for  one  year. 

Sec.  9.  No  person,  without  permission  from  the 
managers  of  such  assembly,  shall  keep  any  shop,  tent, 
booth,  wagon,  or  carriage,  for  the  sale  of,  or  shall  sell, 
give,  or  expose  to  sale,  any  spirituous  liquor,  goods, 
or  merchandise  of  any  kind,  within  two  miles  of  any 
public  assembly  convened  for  the  purpose  of  religious 
worship ;  but  this  shall  not  be  construed  to  prevent 
any  person  from  selling  merchandise  at  the  shop  or 
store  where  he  usually  transacts  business  :  nor  from 
selling  liquors  in  any  place  where  he  shall  have  re- 
ceived a  license  therefor,  before  the  appointment  of 
such  religious  meeting  :  nor  to  prevent  any  peddler 
from  selling  his  goods  to  any  person  at  the  usual 
place  of  business  or  residence  of  such  person. 

Sec  II.  If  any  person  shall  be  guilty  of  a  breach 
of  either  of  the  preceding  sections  he  shall  be  fined 


1 50     Laws  Relating  to  Religious  Corporatiojts. 

not  exceeding  ten  dollars,  or  imprisoned  not  exceed- 
ing thirty  days,  or  both. 

Sec.  14.  The  ministers,  elders,  officers,  or  man- 
agers of  any  religious  or  other  public  meeting  or 
assembly  convened,  or  about  to  convene,  in  any  town, 
may,  at  their  own  expense,  employ  police  officers  of 
any  other  town  in  this  State  to  preserve  order  among 
the  persons  attending,  and  coming  and  going  there ; 
and  such  officers,  so  employed,  shall  have  the  powers 
these  have  in  the  towns  for  which  they  are  ap- 
pointed. 

Sec.  15.  No  prosecution  for  the  violation  of  any 
provision  of  this  chapter  shall  be  sustained  unless 
commenced  within  thirty  days  after  the  commission 
of  such  offense. 


Chapter  XXIV.— Ne^?v  Jersey. 

Nixon's  Digest,  186a— Art.,  Eeligious  Societies,  p.  802. 

Trustees — How  first  Elected — Powers — Vacancies  supplied — Dutch 
Reformed  Churches. 

Sec.  I.  Every  religious  society  or  congregation  of 
Christians  entitled  to  protection  in  the  free  exercise 
of  their  religion  by  the  constitution  and  laws  of  the 
State  are  authorized  to  assemble  at  their  usual  place 
of  meeting  for  public  worship  at  any  time  by  them 
agreed  upon,  giving  at  least  ten  days'  notice  of  the 
time  and  purpose  of  assembling  by  an  advertisement 
set  up  in  open  view  at  or  near  such  place  of  meeting, 
and,  when  so  assembled,  may,  by  plurality  of  voices  of 


New  Jersey.  151 

such  of  the  said  society  or  congregation  as  are  pres- 
ent, elect  any  number,  not  exceeding  seven,  of  the 
said  society  or  congregation  to  be  trustees  of  the 
same ;  which  said  trustees,  and  their  successors  in 
office,  are  hereby  constituted  a  body  pohtic  and  cor- 
porate in  law  by  whatever  name  they  shall  assume, 
agreeably  to  the  directions  of  this  act. 

Sec.  2.  The  said  trustees,  when  they  take  upon 
themselves  a  name,  shall  certify  such  name  under 
their  hands  and  seals,  and  transmit  such  certificate 
to  the  clerk  of  the  county,  whose  duty  it  shall  be  in- 
stantly to  record  the  same,  for  which  he  shall  be  en- 
titled to  receive  one  dollar.  The  said  trustees  shall 
be  known  and  distinguished  in  law  by  the  name  of 
the  incorporation  so  taken,  certified,  and  recorded. 

Sec.  3.  The  said  trustees  and  their  successors 
shall  by  such  name  of  incorporation  be  able  and 
capable  to  acquire,  purchase,  receive,  have  and  hold 
any  lands,  tenements,  hereditaments,  legacies,  dona- 
tions, moneys,  goods,  and  chattels  in  trust  for  the 
use  of  the  said  society  or  congregation  to  an  amount 
in  value  not  exceeding  two  thousand  dollars  a  year, 
and  the  same,  or  any  part  thereof,  to  sell,  grant,  as- 
sign, demise,  alien,  and  dispose  of;  to  sue  and  be 
sued,  implead  and  be  impleaded,  in  any  court  of  law 
or  equity  ;  to  make  and  use  a  common  seal,  and  the 
same  to  alter  and  renew  at  pleasure. 

Sec.  4.  For  perpetuating  a  line  of  succession  in 
the  trustees  of  every  religious  society  or  congrega- 
tion, it  shall  and  may  be  lawful  for  the  members  of 
the  said  society  or  congregation  to  assemble  at  any 
time  they  may  think  proper,  giving  notice  thereof,  as 


152     Laws  Relating  to  Religious  Corporations, 

hereinbefore  is  directed,  for  the  election  of  the  first 
trustees,  or  for  the  election  of  any  other  trustee  or 
trustees  in  the  stead  of  those  or  any  of  those  before 
elected,  in  case  they  see  cause  for  the  removal  of  any 
of  the  said  trustees  ;  provided  such  removal  shall  not 
be  in  less  than  one  year  after  his  or  their  election 
into  office ;  and  also  to  fill  up  any  vacancy  which 
may  be  occasioned  by  the  death  or  resignation  of 
any  trustee,  or  his  moving  out  of  the  limits  of  the 
said  society  or  congregation. 

Sec.  5.  Such  corporation  may  elect  annually,  or 
oftener  if  necessary  or  expedient,  one  of  their  own 
members  to  be  their  president,  who  shall  keep  the 
minutes  and  enter  the  orders,  acts,  and  proceedings 
by  the  corporation  in  a  book  to  be  kept  for  that  pur- 
pose ;  who  shall  have  the  custody  of  the  common  seal, 
and  the  papers,  deeds,  writings,  documents,  and  books 
of,  or  relating  to,  the  said  corporation,  and  who  is 
hereby  empowered  to  convene  the  said  corporation 
as  occasion  may  require  ;  and  in  case  of  his  absence, 
sickness,  death,  resignation,  refusal  to  act,  or  moving 
out  of  the  limits  of  the  said  religious  society  or  con- 
gregation, then  the  said  office  of  president  shall  de- 
volve on  the  senior  trustee  for  the  time  being,  who 
shall  occupy  the  same  until  the  return  or  recovery  of 
the  president,  or  the  election  of  another. 

Sec.  6.  Upon  appHcation  to  the  president,  any 
member  of  the  said  religious  society  or  congregation 
shall  have  free  access  to  all  the  papers,  deeds,  writ- 
ings, minutes,  documents,  and  books  of,  or  belonging 
to,  the  said  corporation. 

Sec.  7.   Upon  the  death,  resignation,  removal,  or 


New  Jersey.  153 

expiration  of  the  office  of  president,  or  election  of  a 
new  one,  the  common  seal,  and  all  the  minutes, 
papers,  deeds,  writings,  documents,  and  books  of,  or 
belonging  to  such  corporation,  shall  be  delivered  to 
the  successor  in  office  on  the  oath  of  the  preceding 
president,  or,  in  case  of  his  death,  on  the  oath  of  his 
executors  or  administrators  under  such  pecuniary- 
penalty  as  the  said  corporation  shall  have  previously 
fixed  and  ordained  to  be  recovered,  with  costs,  by 
action  of  debt  in  the  name,  and  for  the  use  of,  said 
corporation. 

Sec.  8.  The  proceedings,  orders,  and  acts  of  a  ma- 
jority of  all  the  members  of  the  said  corporation,  and 
not  of  a  less  number,  shall  be  valid  and  effectual  in 
law. 

Sec.  9.  Provided  always  that  nothing  hereinbefore 
contained  shall  be  construed  to  extend  to  or  affect 
the  Reformed  Dutch  Churches  in  this  State. 

Sec.  10.  .  .  . 

Sec.  II.  .  .  .  The  minister  or  ministers,  elders 
and  deacons  for  the  time  being,  or,  if  there  be  no 
minister  or  ministers,  the  elders  and  deacons  for  the 
time  being  of  every  Reformed  Dutch  congregation 
shall  be  the  trustees  of  the  same,  and  a  body  politic 
and  corporate  in  law,  by  such  name  as  the  said 
trustee  shall  assume  in  manner  hereinafter  di- 
rected. 

Sec.  12.  The  said  trustees  when  they  take  upon 
themselves  a  name  shall  certify  such  name  under 
their  hands  and  seals,  and  transmit  such  certificate 
to  the  clerk  of  the  Court  of  Common  Pleas  of  the 
county,  whose  duty  it  shall  be  instantly  to  record  the 


154     Laws  Relating  to  Religious  Corporations, 

same,  for  which  he  shall  be  entitled  to  receive  one 
dollar ;  and  thereupon  the  said  trustees  shall  be 
known  and  distinguished  in  law  by  the  name  of 
incorporation  so  taken,  certified,  and  recorded. 

Sec.  13.  The  said  trustees  of  such  Reformed 
Dutch  congregation  shall  by  such  name  be  able  and 
capable  to  acquire,  purchase,  receive,  have,  and  hold 
any  lands,  tenements,  hereditaments,  legacies,  dona- 
tions, moneys,  goods  and  chattels,  in  trust  for  the 
use  of  said  congregation,  to  any  amount  in  value  not 
exceeding  two  thousand  dollars  a  year,  and  the  same 
or  any  part  thereof  to  sell,  grant,  assign,  demise,  alien 
or  dispose  of;  to  sue  and  be  sued,  implead  or  to  be 
impleaded,  in  any  court  of  law  or  equity,  to  make  and 
use  a  common  seal,  and  the  same  to  alter  and  renew 
at  pleasure.  But  no  deed  or  instrument  of  convey- 
ance for  any  lands,  tenements,  hereditaments,  or  real 
estate  shall  be  good  or  effectual  in  law  unless  it  be 
sealed  with  the  common  seal,  and  signed  by  a  major- 
ity of  the  members  of  the  said  corporation. 


New  York,  155 


Chapter   XXV.  — Ne^?v  York. 

Act  of  18 13,  with  general  Amendments  —  Reformed  Protestant 
Dutch  Church — General  Law — Powers  of  Trustees — Two  may  Call 
a  Meeting — Vacancies — How  Filled — Who  may  Vote — How  to  In- 
crease or  Diminish  the  Number  of  Trustees — Sale  of  Real  Estate — 
Trustees  of  Methodist  Episcopal  Church  in  New  York  city — Amend- 
ment of  1844 — Supplementary  Acts  of  1 875 — Trustees  Hold  until 
their  Successors  are  Chosen — When  Removed — Must  Administer 
subject  to  Denominational  Usage — Two  Societies  may  Unite — Prot- 
estant Episcopal  Church — Baptist  Church— Roman  Catholic  Church 
— Presiding  Elder  Districts — Parsonages — Camp  Grounds — Presby- 
teries may  Incorporate—  Dissolution  of  Societies — Form  for  Organi- 
zation. 

AN  ACT  to  provide  for  the  Incorporation  of  Religious  Societies. 
Passed  April  5, 1813. 

Section  i.  [This  section,  which  refers  to  the  in- 
corporation of  churches  in  communion  with  the  Prot- 
estant Episcopal  Church,  was  repealed  in  1868,  and 
a  special  law,  which  is  printed  in  a  subsequent  chap- 
ter, substituted  therefor.] 

Sec.  2.  (Relating  to  the  Protestant  Dutch  Church.) 
The  minister  or  ministers,  and  elders  and  deacons — 
and  if,  during  any  time,  there  be  no  minister,  then 
the  elders  and  deacons  during  such  time — of  every 
Reformed  Protestant  Dutch  Church  or  congregation 
now  or  hereafter  to  be  established  in  this  State,  and 
elected  according  to  the  rules  and  usages  of  such 
churches  within  the  State,  shall  be  the  trustees  for 
every  such  church  or  congregation  ;  and  it  shall  be 
lawful  for  the  said  trustees,  if  not  already  incorporated, 
to  assemble  together  as  soon  as  they  shall  deem  it 
convenient,  and  execute  under  their  hands  and  seals 


156     Laws  Relating  to  Religions  Corporations. 

a  certificate  certifying  the  name  or  title  by  which 
they  and  their  successors  forever,  as  a  body  corpo- 
rate, by  virtue  of  this  act,  shall  be  known  and  distin- 
guished, which  certificate,  being  duly  acknowledged  or 
proved  as  aforesaid,  shall  be  recorded  by  the  clerk  of 
such  county  in  a  book  to  be  by  him  provided  as  afore- 
said :  and  such  trustees  and  their  successors  shall 
thereupon,  by  virtue  of  this  act,  be  a  body  corporate  by 
the  name  or  title  expressed  in  such  certificate ;  and 
it  shall  be  lawful  for  the  trustees  of  any  such  church 
or  congregation  elected  by  virtue  of  any  former  law 
of  this  State,  by  writing  under  their  hands  and  seals 
to  be  proved,  acknowledged,  and  recorded  as  aforesaid, 
to  declare  their  will  not  to  continue  any  longer  a  body 
corporate,  and  thereupon  such  body  corporate  shall 
cease,  and  all  the  estate,  real  and  personal,  held  by 
them  shall  pass  to  and  be  vested  in  the  trustees  of 
such  church  or  congregation,  made  a  body  corporate 
in  the  manner  above  directed.  Provided,  always,  that 
nothing  herein  contained  shall  be  construed  in  any 
manner  to  impair  or  alter  the  rights  of  any  of  the 
chartered  churches  within  this  State. 

Sec.  3.  (This  section  provides  for  the  incorpora- 
tion of  all  religious  societies  which  do  not  organize 
under  a  special  charter.)  And  be  it  further  enacted : 
That  it  shall  be  lawful  for  the  male  persons,  of  full 
age,  belonging  to  any  other  church,  congregation,  or 
religious  society,  now  or  hereafter  to  be  established 
in  this  State,  and  not  already  incorporated,  to  assem- 
ble at  the  church,  meeting-house,  or  other  place  where 
they  statedly  attend  for  divine  worship,  and  by  plu- 
rality of  voices  to  elect  any  number  of  discreet  per- 


New  York.  157 

sons  of  their  church,  congregation,  or  society,  not 
less  than   three  nor  exceeding  nine  in  number,  as 
trustees,  to  take  charge  of  the  estate  and  property 
belonging  thereto,  and  to  transact  all  affairs  relative 
to  the  temporalities  thereof;  and  that,  at  such  elec- 
tion, every  male  person,  of  full  age,  who  has  statedly 
worshiped  with  said  church,  congregation,  or  society, 
and  has  formerly  been  considered  as  belonging  there- 
to, shall  be  entitled  to  vote,  and  the  said  election  shall 
be  conducted  as  follows  :  the  minister  of  said  church, 
congregation,  or  society,  or,  in  case  of  his  death  or 
absence,  one  of  the  elders  or  deacons,  church-ward- 
ens or  vestry-men  thereof,  and,  for  want  of  such  offi- 
cers, any  other  person,  being  a  member  or  a  stated 
hearer  in  said  church,  congregation,  or  society,  shall 
publicly  notify  the  congregation  of  the  time  when, 
and  place  where,  the  said  election  shall  be  held,  at 
least  fifteen  days  before  the  day  of  election  ;  that  the 
said  notification  shall  be  given  for  two  successive 
Sabbaths,  or  days  on  which  such  church,  congrega- 
tion,  or  society  shall  statedly  meet  for  pubhc  wor- 
ship, preceding  the  day  of  election ;  that  on  the  said 
day  of  election,  two  of  the  elders  or  church-wardens, 
and,  if  there  be  no  such  officers,  then   two  of  the 
members  of  said  church,  congregation,  or  society,  to 
be  nominated  by  a  majority  of  the  members  present, 
shall  preside  at  such  election,  receive  the  votes  of  the 
electors,  be  the  judges  of  the  qualification  of  such 
electors,  and  the  officers  to  return  the  names  of  the 
persons  who,  by  plurality  of  voices,  shall  be  elected 
to  serve  as  trustees  for  the  said  church,  congrega- 
tion,  or   society ;    and   the  returning    officers   shall 
12 


1 58     Laws  Relating  to  Religious  Corporatioits. 

immediately  thereafter  certify,  under  their  hands  and 
seals,  the  names  of  the  persons  elected  to  serve  as 
trustees  for  such  church,  congregation,  or  society,  in 
which  certificate  the  name  or  title  by  which  the  said 
trustees  and  their  successors  shall  forever  thereafter 
be  called  and  known,  shall  be  particularly  mentioned 
and  described  ;  which  said  certificate,  being  proved 
or  acknowledged  as  above  directed,  shall  be  recorded 
as  aforesaid ;  and  such  trustees  and  their  successors 
shall  also  thereupon,  by  virtue  of  this  act,  be  a  body 
corporate  by  the  name  or  title  expressed  in  such  cer- 
tificate ;  and  the  clerk  of  every  county,  for  recording 
every  certificate  of  incorporation,  by  virtue  of  this 
act,  shall  be  entitled  to  seventy-five  cents  and  no 
more. 

[By  Chapter  656,  Laws  of  1867,  this  section  was 
amended  by  striking  out  the  word  "  male  "  where  it 
occurs ;  and  also  the  seventh  section,  by  striking 
out  the  word  "he,"  and  inserting  the  words  "such 
person." 

By  Chapter  158,  Laws  of  1844,  certificates  of  in- 
corporation may  be  acknowledged  or  proved  before 
any  officer  authorized  to  take  acknowledgments  or 
proofs  of  real  estate.] 

Sec.  4.  And  be  it  further  enacted,  That  the  trust- 
ees of  every  church,  congregation,  or  society,  herein- 
above mentioned,  and  their  successors,  shall  respect- 
ively have  and  use  a  common  seal,  and  may  renew 
and  alter  the  same  at  their  pleasure,  and  are  hereby 
authorized  and  empowered  to  take  into  their  posses- 
sion and  custody  all  the  temporalities  belonging  to 
such  church,  congregation,  or  society,  whether  the 


New   York,  159 

same  shall  consist  of  real  or  personal  estate,  and 
whether  the  same  shall  have  been  given,  granted,  or 
devised  directly  to  such  church,  congregation,  or  so- 
ciety, or  to  any  other  person  for  their  use  ;  and  also, 
by  their  corporate  name  or  title,  to  sue  and  be  sued 
in  all  courts  of  law  or  equity,  and  to  recover,  hold, 
and  enjoy  all  the  debts,  demands,  rights,  and  privi- 
leges, and  all  churches,  meeting-houses,  parsonages 
and  burying-places,  with  the  appurtenances,  and  all 
estates  belonging  to  such  church,  congregation,  or 
society,  in  whatsoever  manner  the  same  may  have 
been  acquired,  or  in  whose  name  soever  the  same 
may  have  been  held,  as  fully  and  amply  as  if  the 
right  or  title  thereto  had  originally  been  vested  in 
said  trustees  ;  and  also  to  purchase  and  hold  other 
real  and  personal  estate,  and  to  demise,  lease,  and  im- 
prove the  same  for  the  use  of  said  church,  congrega- 
tion, or  society,  or  other  pious  uses,  so  as  the  whole 
real  and  personal  estate  of  any  such  church,  congre- 
gation, or  society,  other  than  the  corporation  of  the 
minister,  elders,  and  deacons  of  the  Reformed  Prot- 
estant Dutch  Church  of  the  city  of  New  York,  and 
the  First  Presbyterian  Church  of  the  city  of  New 
York,  and  the  rector,  church-wardens,  and  vestry-men 
of  St.  George's  Church  in  the  city  of  New  York,  and 
of  the  ministers,  elders,  and  deacons  of  the  Reformed 
Dutch  Church  in  the  city  of  Albany,  shall  not  exceed 
the  annual  value  or  income  of  three  thousand  dollars  ; 
and  of  the  said  corporation  of  the  ministers,  elders, 
and  deacons  of  the  Reformed  Dutch  Church  of  the 
city  of  New  York,  the  annual  value  or  income  of 
nine  thousand  dollars ;  and  of  the  said  First  Presby- 


i6o     Laws  Relating  to  Religious  Corporations. 

terian  Church  of  the  city  of  New  York,  the  annual 
value  or  income  of  six  thousand  dollars  ;  and  of  the 
said  rector,  church-wardens,  and  vestry-men  of  St. 
George's  Church  in  the  city  of  New  York,  the  annual 
value  or  income  of  six  thousand  dollars  ;  and  of  the 
minister,  elders,  and  deacons  of  the  Reformed  Dutch 
Church  in  the  city  of  Albany,  the  annual  value  or  in- 
come of  ten  thousand  dollars  ;  and  also  to  repair  and 
alter  their  churches  or  meeting-houses,  and  to  erect 
others  if  necessary,  and  to  erect  dwelling-houses  for 
the  use  of  their  ministers,  and  school-houses  and 
other  buildings  for  the  use  of  said  church,  congrega- 
tion, or  society  ;  and  such  trustees  shall  also  have 
power  to  make  rules  or  orders  for  managing  the  tem- 
poral affairs  of  such  church,  congregation,  or  society, 
and  to  dispose  of  all  moneys  belonging  thereto  ;  and 
to  regulate  and  order  the  renting  of  the  pews  in  their 
churches  or  meeting-houses,  and  the  perquisites  for 
the  breaking  of  the  ground  in  the  cemetery  or  church- 
yards, and  in  the  said  churches  and  meeting-houses, 
for  burying  the  dead,  and  all  other  matters  relating 
to  the  temporal  concerns  and  revenues  of  such  church, 
congregation,  or  society  ;  and  to  appoint  a  clerk  and 
treasurer  of  their  board,  and  a  collector  to  collect  and 
receive  the  said  rents  and  revenues ;  and  to  regulate 
the  fees  to  be  allowed  to  such  clerk,  treasurer,  and 
collector,  and  them,  or  either  of  them,  to  remove  at 
pleasure  and  appoint  others  in  their  stead ;  and  such 
clerk  shall  enter  all  rules  and  orders  made  by  such 
trustees,  and  payments  ordered  by  them,  in  a  book 
to  be  provided  by  them  for  that  purpose. 

Sec.  5.  And  be  it  further  enacted,  That  it  shall  be 


Nczv  York.  i6i 

lawful  for  any  two  of  such  trustees,  other  than  the 
trustees  mentioned  in  the  first  section  of  this  act,  or 
their  successors,  at  any  time  to  call  a  meeting  of  such 
trustees  ;  and  that  a  majority  of  the  trustees  of  any 
church,  congregation,  or  society,  mentioned  in  this 
act,  being  lawfully  convened,  shall  be  competent  to 
do  and  perform  all  matters  and  things  which  such 
trustees  are  authorized  or  required  to  do  or  perform, 
and  that  all  questions  arising  at  any  such  meetings 
shall  be  determined  by  a  majority  of  the  trustees 
present,  and  in  case  of  an  equal  division,  the  presid- 
ing trustee  shall  have  a  casting  vote. 

Sec.  6.  And  be  it  further  enacted.  That  the  trustees 
first  chosen,  according  to  the  third  section  of  this 
act,  shall  continue  in  office  for  three  years  from  the 
day  of  their  election,  and  immediately  after  such 
election  the  said  trustees  shall  be  divided  by  lot  into 
three  classes,  numbered  one,  two,  and  three,  and  the 
seats  of  the  members  of  the  first  class  shall  be  va- 
cated at  the  expiration  of  the  first  year,  of  the  mem- 
bers of  the  second  class  at  the  expiration  of  the  second 
year,  and  the  members  of  the  third  class  at  the  ex- 
piration of  the  third  year,  to  the  end  that  the  third 
part  of  the  whole  number,  as  nearly  as  possible,  may 
be  annually  chosen ;  and  the  said  trustees,  or  a  ma- 
jority of  them,  shall,  at  least  one  month  before  the 
expiration  of  the  office  of  any  of  the  said  trustees, 
notify  the  same  in  writing  to  the  minister,  or,  in  case 
of  his  death  or  absence,  to  the  elders  or  church-war- 
dens, and  in  case  there  shall  be  no  elders  or  church- 
wardens, then  to  the  deacons  or  vestry-men  of  any 
such  church,  congregation,  or  society,  specifying  the 


1 62     Laws  Relating  to  Religious  Corporations. 

names  of  the  trustees  whose  times  will  expire,  and 
the  said  minister,  or,  in  case  of  his  death  or  absence, 
one  of  the  said  elders  or  church-wardens,  or  deacons 
or  vestry-men,  shall,  in  manner  aforesaid,  proceed  to 
notify  the  members  of  the  said  church,  congregation, 
or  society,  of  such  vacancies,  and  appoint  the  time 
and  place  for  the  election  of  new  trustees  to  fill  up 
the  same,  which  election  shall  be  held  at  least  six 
days  before  such  vacancies  shall  happen  ;  and  all 
such  subsequent  elections  shall  be  held  and  con- 
ducted by  the  same  persons,  and  in  the  manner 
above  directed,  and  the  result  thereof  certified  by 
them,  and  such  certificate  shall  entitle  the  persons 
elected  to  act  as  trustees,  and  in  case  any  trustee 
shall  die,  or  refuse  to  act,  or  remove  within  the  year, 
notice  thereof  shall  be  given  by  the  trustees,  as  afore- 
said, and  a  new  election  appointed  and  held,  and 
another  trustee  be  elected  in  his  stead,  in  manner 
aforesaid. 

Sec.  7.*  And  be  it  further  enacted,  That  no  person 
belonging  to  any  church,  congregation,  or  society, 
intended  by  the  third  section  of  this  act,  shall  be 
entitled  to  vote  at  any  election  succeeding  the  first, 
until  he  shall  have  been  a  stated  attendant  on  divine 
worship  in  said  church,  congregation,  or  society,  at 
least  one  year  before  such  election,  and  shall  have 
contributed  to  the  support  of  said  church,  congrega- 
tion, or  society,  according  to  the  usages  and  customs 
thereof,  and  that  the  clerk  to  the  said  trustees  shall 
keep  a  register  of  the  names  of  all  such  persons  as 
shall  desire  to  become  stated  hearers  in  the  said 

*  See  section  as  amended  in  1875. 


New  York.  163 

church,  congregation,  or  society,  and  shall  therein 
note  the  time  when  such  request  was  made,  and  the 
said  clerk  shall  attend  all  such  subsequent  elections, 
in  order  to  test  the  qualifications  of  such  electors,  in 
case  the  same  should  be  questioned. 

Sec.  8.  And  be  it  further  enacted.  That  nothing  in 
this  act  contained  shall  be  construed  or  taken  to  give 
to  any  trustee  of  any  church,  congregation,  or  soci- 
ety, the  power  to  fix  or  ascertain  any  salary  to  be 
paid  to  any  minister  thereof,  but  the  same  shall  be 
ascertained  by  a  majority  of  persons  entitled  to  elect 
trustees,  at  a  meeting  to  be  called  for  that  purpose, 
and  such  salaries,  when  fixed,  shall  be  ratified  by  the 
said  trustees,  or  a  majority  of  them,  by  an  instrument 
in  writing,  under  their  common  seal,  which  salary 
shall  thereupon  be  paid  by  the  said  trustees  out  of 
the  revenues  of  such  church,  congregation,  or  so- 
ciety. 

Sec.  9.  (This  section  was  amended  in  1866,  so  as 
to  read  as  follows :)  And  be  it  further  enacted.  That 
whenever  any  religious  corporation  within  this  State, 
other  than  the  chartered  corporations,  shall  deem  it 
necessary,  and  for  the  interest  of  such  religious  cor- 
poration, to  reduce,  or  to  increase,  their  number  of 
trustees,  it  shall  and  may  be  lawful  for  any  such  re- 
ligious corporation  to  reduce  or  to  increase  their 
number  of  trustees  at  any  annual  meeting ;  provided, 
that  such  reduction  or  increase  shall  not  be  such  as 
to  leave  a  less  number  than  three,  or  a  larger  num- 
ber than  nine,  trustees  in  any  one  of  the  said  relig- 
ious corporations  ;  provided,  that  a  notice  of  at  least 
two  weeks  shall  be  given,  at  a  regular  meeting  of 


164     Laws  Relating  to  Religions  Corporations. 

such  society,  of  the  time  and  place  of  holding  any 
meeting  at  which  such  reduction  or  increase  may  be 
proposed. 

Sec.  10.  [This  section  and  the  fifteenth  have  been 
virtually  repealed.] 

Sec.  1 1.  And  be  it  further  enacted,  That  it  shall  be 
lawful  for  the  chancellor  *  of  this  State,  upon  the  ap- 
plication of  any  religious  corporation,  in  case  he  shall 
deem  it  proper,  to  make  an  order  for  the  sale  of  any 
real  estate  belonging  to  such  corporation,  and  to  di- 
rect the  application  of  the  moneys  arising  therefrom, 
by  the  said  corporation,  to  such  uses  as  the  same 
corporation,  with  the  consent  and  approbation  of  the 
chancellor,  shall  conceive  to  be  most  for  the  interest 
of  the  society  to  which  the  real  estate  so  sold  did 
belong ;  provided^  that  this  act  shall  not  extend  to 
any  of  the  lands  granted  by  this  State  for  the  sup- 
port of  the  Gospel. 

Sec.  12.  And  be  it  further  enacted.  That  it  shall 
be  lawful  for  every  religious  corporation  created  by 
letters  patent,  under  the  great  seal  of  the  colony  of 
New  York,  to  have,  hold,  and  enjoy  lands,  tenements, 
goods  and  chattels  of  the  yearly  value  of  three  thou- 
sand dollars,  although  the  letters  patent  by  which 
such  corporation  was  created  shall  contain  a  clause, 
or  clauses,  restricting  and  limiting  the  annual  rev- 
enue and  income  to  a  less  sum  than  the  said  three 
thousand  dollars. 

Sec.  13.  And  be  it  further  enacted.  That  every 
corporation  of  any  church,  congregation,  or  religious 

*  Any  justice  of  the  Supreme  Court,  or  a  judge  of  the  County  Court, 
may  now  grant  the  order  for  sale. 


New  York,  165 

society,  heretofore  made  in  pursuance  of  any  law  of 
this  State,  and  in  conformity  to  the  directions  con- 
tained in  this  act,  shall  be,  and  the  same  is,  hereby 
established  and  confirmed,  and  such  corporation  shall 
be  deemed  to  have  commenced  from  the  time  of  re- 
cording such  certificate,  as  aforesaid  ;  and  in  case  of 
the  dissolution  of  any  such  corporation,  or  of  any 
corporation  hereafter  to  be  formed  in  pursuance  of 
this  act,  by  reason  of  a  non-compliance  with  the 
directions  herein  contained,  the  same  may  be  re- 
incorporated in  the  manner  prescribed  by  this  act, 
at  any  time  within  six  years  after  such  dissolution, 
and  thereupon  all  the  estate,  real  and  personal, 
formerly  belonging  to  the  same,  shall  vest  in  such 
corporation  as  if  the  same  had  not  been  dissolved ; 
provided,  that  in  such  case  the  said  account  and  in- 
ventory required  to  be  exhibited  by  such  corpora- 
tion in  the  cities  of  New  York,  Albany,  and  Sche- 
nectady, shall  be  exhibited  within  one  month  after 
such  re-incorporation,  and  triennially  thereafter,  as 
above  directed. 

Sec.  14.  And  be  it  further  enacted,  That  the  cor- 
poration of  the  Methodist  Episcopal  Church  in  the 
city  of  New  York  shall  be,  and  hereby  are,  author- 
ized to  continue  to  elect  nine  trustees  of  the  said 
corporation,  in  the  same  manner  as  if  that  number 
of  trustees  had  originally  been  named  in  the  certifi- 
cate of  incorporation,  and  such  trustees  shall  be 
classed,  or  continue  to  be  classed,  in  the  manner  pre- 
scribed by  the  sixth  section  of  this  act. 

Sec.  15.  [See  note  to  section  tenth.] 

Sec.  16.  And  be  it  further  enacted,  That  whenever 


1 66     Laws  Relating  to  Religions  Corporations. 

any  religious  corporation  shall  be  dissolved  by  means 
of  any  law  now  used,  or  neglect  to  exercise  any  of 
the  powers  necessary  for  its  preservation,  it  shall  be 
lawful  for  the  religious  society  which  was  connected 
with  such  corporation  to  re-incorporate  itself  in  the 
mode  prescribed  by  this  act,  and  that  thereupon  all 
the  real  and  personal  property  which  did  belong  to 
such  dissolved  corporation  at  the  time  of  its  dissolu- 
tion shall  vest  in  such  new  corporation  for  the  said 
society. 

Amendment  of  1844. 

Whenever  there  shall  have  been  an  omission  or 
neglect  of  any  church,  congregation,  or  religious  so- 
ciety, at  their  stated  annual  meeting,  to  choose  any 
of  the  trustees,  church-wardens,  vestry-men,  or  other 
officers,  such  church,  congregation,  or  religious  so- 
ciety, shall  not  be  deemed  or  taken  to  have  been 
thereby  dissolved  ;  but  the  trustees,  church-wardens, 
vestry-men,  or  other  officers,  in  office  at  the  time  of 
such  omission,  shall  be  deemed  and  taken  to  be  the 
legal  officers  of  such  church,  congregation,  or  society, 
and  shall  continue  to  hold  their  offices  until  others 
be  chosen  in  their  stead.  Provided,  That  elections 
to  supply  such  omissions  shall  be  made  within  one 
year  after  their  occurrence,  respectively,  or  within 
one  year  after  the  passage  of  this  act. 


New  York.  167 

Chapter  597. 

AN  ACT  to  amend  an  Act  entitled  An  act  to  provide  for  the  incor- 
poration of  religious  societies^  passed  April  fifth,  one  thousand 
eight  hundred  and  thirteen. 

Passed  June  18, 1875— three  fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows : — 

Sec.  I.  Section  seven  of  an  act,  entitled  An  act 
to  provide  for  the  incorporation  of  religious  societies, 
passed  April  5,  181 3,  is  hereby  amended  so  as  to  read 
as  follows : — 

Sec.  7.  And  be  it  further  enacted,  That  no  person 
belonging  to  any  church,  congregation,  or  society,  in- 
tended by  the  third  section  of  this  act,  shall  be  en- 
titled to  a  vote  at  any  election  succeeding  the  first 
until  such  person  shall  have  been  a  stated  attendant 
on  divine  worship  in  said  church,  congregation,  or  so- 
ciety, at  least  one  year  before  such  election,  and  shall 
have  contributed  to  the  support  of  the  said  church, 
congregation,  or  society,  according  to  the  usages  and 
customs  thereof,  and  that  the  clerk  to  the  said  trust- 
ees shall  keep  a  register  of  the  names  of  all  such 
persons  as  shall  desire  to  become  stated  hearers  in 
the  said  church,  congregation,  or  society,  and  shall 
therein  note  the  time  when  such  request  was  made, 
and  the  said  clerk  shall  attend  all  such  subsequent 
elections,  in  order  to  test  the  qualifications  of  such 
electors  in  case  the  same  should  be  questioned,  ex- 
cept that  in  the  Methodist  Episcopal  Church  in  the 
city  of  Brooklyn,  no  person  shall  be  entitled  to  vote 
at  any  election  succeeding  the  first  until  such  person 


1 68     Laivs  Relating  to  Religious  Corporations, 

shall  have  been  a  member  of  full  age  of  at  least 
twelve  months'  standing  in  the  local  church  for  which 
the  trustees  are  to  be  elected. 

Chapter  79. 
AN  ACT  supplejnentary  to  chapter  sixty  of  the  laws  of  eighteen  hun- 
dred and  thirteen^  entitled  "  An  act  to  provide  for  the  incorporation 
of  religious  societies." 

Passed  March  1875. 

The  People  of  the  State  of  New  York,  represe^ited  in 
Senate  and  Assembly,  do  enact  as  follows : — 

Sec.  I.  Trustees  elected  under  the  provisions  of 
section  three  of  chapter  sixty  of  the  laws  of  eighteen 
hundred  and  thirteen,  entitled  "An  act  to  provide 
for  the  incorporation  of  religious  societies,"  shall  hold 
their  offices  during  the  term  for  which  they  were 
elected,  and  until  their  successors  are  chosen. 

Sec.  2.  Whenever  a  trustee  elected  under  the  pro- 
visions of  said  section  three  of  the  above-mentioned 
act  ceases  to  be  a  member  of  the  church,  congrega- 
tion, or  society,  by  removal  or  otherwise,  or  ceases  to 
statedly  attend  upon  and  support  its  services,  he 
shall  at  the  same  time,  and  for  such  cause,  cease  to 
be  a  trustee,  and  his  place  shall  be  declared  vacant 
by  a  notice  of  the  board  of  trustees  to  the  church, 
congregation,  or  society,  and  said  church,  congrega- 
tion, or  society  shall  proceed  to  fill  the  vacancy,  as 
provided  for  in  the  above-mentioned  act. 

As  amended  in  May  28, 1875. 

Sec.  3.  Any  religious  society,  organized  under  the 
laws  of  this  State,  may  take  and  receive  by  bequest 
or  devise  any  real  or  personal  estate,  the  net  annual 


New   York,  169 

income  of  which  shall  not  exceed  twelve  thousand 
dollars,  subject,  however,  to  the  provisions  of  chap- 
ter three  hundred  and  sixty  of  the  laws  of  eight- 
een hundred  and  sixty,  entitled  "An  act  relating  to 
wills." 

Sec.  4.  The  trustees  of  any  church,  congregation, 
or  religious  society,  incorporated  under  said  section 
three  of  the  above-mentioned  act,  shall  administer 
the  temporalities  thereof,  and  hold  and  apply  the 
estate  and  property  belonging  thereto,  and  the  reve- 
nues of  the  same,  for  the  benefit  of  said  corporation, 
according  to  the  discipline,  rules,  and  usages  of  the 
denomination  to  which  the  church  members  of  the 
corporation  belong ;  and  it  shall  not  be  lawful  for 
the  trustees  to  divert  such  estate,  property,  or  reve- 
nues to  any  other  purpose,  except  toward  the  support 
and  maintenance  of  any  religious,  benevolent,  or 
other  institution  connected  with  such  church,  con- 
gregation, or  religious  society. 

Sec.  5.  Each  and  every  of  the  corporations  afore- 
said may  receive,  use,  and  apply  all  rents  or  income 
derived  from  pews,  in  addition  to  the  annual  in- 
come limited  by  the  aforesaid  act,  or  any  amendment 
thereof. 

Sec.  6.  The  jurisdiction  of  courts  of  equity  in  this 
State  is  hereby  extended  over  such  corporations,  as 
far  as  may  be  necessary  to  enforce  the  provisions  of 
this  act. 

Sec.  7.  No  religious  corporation  shall  be  deemed 
dissolved  for  any  neglect  hitherto  to  exhibit  an  ac- 
count or  inventory  of  its  real  and  personal  estate 
and  the  annual  income  thereof,  provided  that  such 


I/O     Laws  Relating  to  Religious  Corporations, 

account  or  inventory  shall  be  exhibited  within  three 
years  from  the  passage  of  this  act. 

Sec.  8.  This  act  shall  take  effect  immediately. 

Chapter  209. 

AN  ACT  supplementary  to  chapter  sixty  of  the  laws  of  eighteen  hun- 
dred and  thirteen,  entitled  '■'■An  act  to  provide  for  the  incorporation 
of  religious  societies^ 

Passed  April  29, 1875. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  eiiact  as  follows: — 

Sec.  I.  Any  two  or  more  religious  corporations, 
incorporated  under  the  provisions  of  the  third  section 
of  chapter  sixty  of  the  laws  of  eighteen  hundred  and 
thirteen,  entitled  "An  Act  to  provide  for  the  incor- 
poration of  religious  societies,"  and  the  several  acts 
amendatory  thereof,  or  supplemental  thereto,  are 
hereby  authorized  to  unite  and  consolidate  them- 
selves into  a  single  corporation,  in  the  manner  fol- 
lowing : — 

Sec.  2.  The  said  corporations  may  enter  into  an 
agreement  under  their  respective  corporate  seals  for  the 
union  and  consolidation  of  the  said  corporations,  set- 
ting forth  the  terms  and  conditions  thereof,  the  name 
of  the  proposed  new  corporation,  the  names  of  the 
persons  who  shall  be  its  church-wardens  and  vestry- 
men, minister,  elders  and  deacons  and  trustees, 
or  other  officers,  as  the  case  may  be,  until  the  first 
annual  election  of  the  proposed  new  corporation,  and 
fixing  the  day  of  its  annual  election. 

Sec.  3.  Each  of  the  said  corporations  may  make 
its  separate   petition  to  the  Supreme  Court  for  an 


New  York.  171 

order  for  such  union  and  consolidation,  setting  forth 
in  such  petition  the  reasons  for  such  union  and  con- 
solidation, the  agreement  made  pursuant  to  the  second 
section  of  this  act,  all  its  property,  real  and  personal, 
all  its  debts  and  liabilities,  and  the  amount  and 
sources  of  its  annual  income. 

Sec.  4.  A  meeting  of  each  of  said  corporations,  to 
consider  and  act  upon  the  proposed  union  and  consoli- 
dation, and  the  agreement  and  petition  therefor,  shall 
be  called  by  a  notice  given  in  the  same  manner,  and 
for  the  same  length  of  time,  as  is  provided  for  notices 
of  election  of  trustees,  in  the  said  third  section  of 
the  act  hereby  amended ;  and  in  case  the  proposed 
union  and  consolidation,  and  the  agreement  and 
petition  therefor,  shall  receive  the  approval  of  three 
fourths  of  the  persons  entitled  to  vote  at  an  election 
of  trustees  of  each  of  the  corporations  assembled  at 
such  meeting  or  at  an  adjourned  meeting,  or  a  sub- 
sequent meeting  called  in  like  manner,  then,  and  not 
otherwise,  the  proposed  union  and  consolidation  may 
be  proceeded  with,  and  the  petition  presented. to  the 
court. 

Sec.  5.  Upon  such  petitions  from  each  of  such  cor- 
porations so  proposing  to  be  united  and  consolidated, 
and  upon  the  said  agreement,  and  the  proceedings  of 
the  meetings  prescribed  in  the  fourth  section,  satisfac- 
torily proved  or  certified,  the  Supreme  Court  may,  in 
case  it  shall  deem  it  proper,  make  an  order  for  the 
union  and  consolidation  of  such  corporations,  deter- 
mining all  the  terms,  conditions,  and  provisions  there- 
of. All  parties  interested  therein  may  be  heard  on 
such  petition. 


1/2     Laws  Relating  to  Religions  Corporations. 

Sec.  6.  When  such  order  is  made  and  entered, 
according  to  the  practice  of  the  court,  the  said  cor- 
porations shall  be  united  and  consolidated  into  one 
corporation,  by  the  name  designated  in  the  order,  and 
it  shall  have  all  the  rights  and  powers,  and  be  sub- 
jected to  all  the  obligations  of  religious  corpora- 
tions under  the  act  to  which  this  is  supplementary, 
and  the  acts  amendatory  thereof  and  supplementary 
thereto. 

Sec.  7.  And  thereupon  all  the  estate,  rights  and 
property  of  whatsoever  nature,  belonging  to  either  of 
said  corporations,  shall,  without  further  act  or  deed, 
be  vested  in  and  transferred  to  the  new  corporation 
as  effectually  as  they  were  vested  in  or  belonged  to  the 
former  corporations,  and  the  said  new  corporation 
shall  be  liable  for  all  the  debts  and  liabilities  of  the 
former  corporations,  in  the  same  manner  and  as  effect- 
ually, as  if  said  debts  or  liabilities  had  been  contracted 
or  incurred  by  it. 

Sec.  8.  This  act  shall  take  effect  immediately. 

Chapter  354. 
AN    ACT  to  amend   chapter  forty-seven   of  the  laws  of  eighteen 
hundred  and  ttuenty-six,  entitled  "An  act  to  amend  an  act  entitled 
'^An  act  to  provide  for  the  incorporation  of  religious  societies^  " 
Passed  May  15,  1875. 

T/ie  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows : — 

Sec.  I.  Section  one  of  chapter  forty-seven  of  the 
laws  of  eighteen  hundred  and  twenty-six,  entitled 
"  An  act  to  amend  an  act  entitled  '  An  act  to  pro- 
vide for  the  incorporation  of  religious  societies,*  "  is 
h  jreby  amended  so  as  to  read  as  follows  : — 


New  York.  173 

Sec.  2.  If  any  church,  congregation,  or  religious 
society,  now  or  hereafter  to  be  incorporated,  accord- 
ing to  the  provisions  of  the  third  section  of  the  act 
hereby  amended,  shall  neglect  or  omit,  or  have  neg- 
lected or  omitted,  at  their  stated  annual  election,  to 
choose  any  one  of  the  three  classes  of  trustees  as 
mentioned  in  the  sixth  section  of  the  said  act,  the  said 
church,  congregation,  or  religious  society  shall  not  be 
deemed  and  taken  to  be  thereby  dissolved  :  but  the 
trustees  then  or  now  already  chosen  shall  continue 
to  hold  their  offices  until  others  be  chosen  in  their 
stead ;  and  whenever  such  neglect  or  omission  shall 
happen  through  defect  of  due  notice,  or  otherwise, 
the  trustees  of  said  church,  congregation,  or  religious 
society,  or  a  majority  of  them,  shall  immediately 
thereafter  give  notice  thereof,  in  writing,  to  the 
minister,  or  in  case  of  his  death  or  absence,  to  the 
elders  or  church-wardens,  and  in  case  there  shall  be 
no  elders  or  church-wardens,  then  to  the  deacons  or 
vestry- men  of  any  such  church,  congregation,  or  so- 
ciety ;  and  the  said  minister,  or,  in  case  of  his  death 
or  absence,  one  of  the  said  elders  or  church-wardens, 
deacons  or  vestry-men,  shall,  in  the  manner  prescribed 
in  the  third  section  of  the  said  act,  proceed  to  notify 
the  members  of  the  said  church,  congregation,  or  so- 
ciety of  such  neglect  or  omission,  and  appoint  the 
time  and  place  for  the  election  of  new  trustees  to 
remedy  the  same,  of  which  election  at  least  fifteen 
days'  notice  shall  be  given  in  the  manner  aforesaid, 
except  that  it  shall  be  lawful  for  the  religious  de- 
nomination   known    as    the    "United    Brethren    in 

Christ "  to  elect  their  trustees  by  the  Quarterly  Con- 
13 


1/4    Lazvs  Relating  to  Religious  Corporations. 

ference  of  each  circuit,  station,  or  mission  of  said  de- 
nomination for  full  terms,  or  to  fill  vacancies  in  office 
without  further  notice  than  the  customary  notice  of 
such  Quarterly  Conference  as  required  by  the  rules 
and  regulations  of  such  denomination,  and  the  said 
election  shall  be  held  and  conducted  by  the  same 
persons  in  the  same  manner,  and  the  result  be  cer- 
tified in  like  manner  as  is  prescribed  in  and  by  the 
sixth  section  of  the  act  hereby  amended,  and  by  the 
rules  of  the  "  United  Brethren  Church,"  and  shall  have 
the  same  force  and  effect  as  elections  held  under 
and  by  virtue  of  said  section,  and  not  otherwise. 

Act  passed  May  9,  186S. 
PROTESTANT   EPISCOPAL   CHURCH. 

Sec.  I.  The  first  section  of  the  act  entitled  "An 
Act  to  provide  for  the  Incorporation  of  Religious  So- 
cieties," passed  April  5,  181 3,  is  hereby  amended  so 
as  to  read  as  follows  : — 

1.  It  shall  be  lawful  for  not  less  than  six  male  persons, 
of  full  age,  belonging  to  any  church  or  congregation 
in  communion  with  the  Protestant  Episcopal  Church 
in  this  State,  not  already  incorporated,  to  meet  at  any 
time  at  the  usual  place  of  public  worship  of  such 
church  or  congregation,  for  the  purpose  of  incorpo- 
rating themselves  under  this  act. 

2.  A  notice  of  such  meeting,  specifying  its  object 
and  the  time  and  place  thereof,  shall  be  publicly  read, 
in  the  time  of  morning  service,  on  two  Sundays  next 
previous  thereto,  by  the  rector  or  officiating  minister, 
or,  if  there  be  none,  by  any  other  person  belonging 
to  such  church  or  congregation,  and  shall  also  be 


New  York.  175 

posted  in  a  conspicuous  place  on  the  outside  door  near 
the  main  entrace  to  such  place  of  worship. 

3.  The  rector,  or  if  there  be  none,  or  he  be  neces- 
sarily absent,  then  one  of  the  church-wardens  or  ves- 
try-men, or  any  other  person  called  to  the  chair,  shall 
preside  at  such  meeting,  and  shall  receive  the  votes. 

4.  The  persons  entitled  to  vote  at  such  meeting 
shall  be  the  male  persons,  of  full  age,  belonging  to 
the. church  or  congregation,  specified  as  follows,  and 
none  others : — 

First.  Those  who  have  been  baptized  in  the  Prot- 
estant Episcopal  Church,  or  who  have  been  received 
therein,  either  by  the  right  of  confirmation,  or  by  re- 
ceiving the  holy  communion  ;  or, 

Second.  Those  who  have  purchased,  and  for  not 
less  than  twelve  months  next  prior  to  such  meeting, 
have  owned  a  pew  or  seat  in  said  church  ;  or  who, 
during  the  same  period  of  time,  have  hired  and  paid 
for  a  pew  or  seat  in  said  church  ;  or  who,  during  the 
whole  period  aforesaid,  have  been  contributors  in 
money  to  the  support  of  said  church. 

5.  The  persons  so  qualified  shall,  at  such  meeting, 
by  a  majority  of  votes,  determine,  first,  the  name  or 
title  by  which  such  church  or  congregation  shall  be 
known  in  law ;  second,  on  what  day,  in  Easter  week, 
an  annual  election  for  church-wardens  and  vestry- 
men shall  thereafter  take  place.  What  number  of 
vestry-men,  not  less  than  four  nor  more  than  eight, 
shall  annually  be  elected,  and  shall,  together  with  the 
rector  (if  there  be  one)  and  the  two  church-wardens, 
constitute  the  vestry  of  the  church.  And  shall,  by  a 
majority  of  votes,  elect  two  church-wardens  and  the 


176     Laivs  Relating  to  Religious  Corporations. 

number  of  vestry-men  that  it  shall  have  been  deter- 
mined are  to  be  annually  elected,  which  church-war- 
dens and  vestry-men,  thus  elected,  shall  serve  until 
the  next  regular  election. 

6.  The  polls  shall  continue  open  for  one  hour  and 
longer,  in  the  discretion  of  the  presiding  officer,  or, 
if  required,  by  a  vote  of  a  majority  of  voters  present. 

7.  The  presiding  officer,  together  with  two  other 
persons,  shall  make  a  certificate,  under  their  hands 
and  seals,  of,  first,  the  church-wardens  and  vestry-men 
so  elected  ;  second,  of  the  day,  in  Easter  week,  so 
fixed  for  the  annual  election  of  their  successors  ; 
third,  of  the  number  of  vestry-men  (not  less  than  four 
nor  more  than  eight)  so  determined  upon  to  be  an- 
nually elected,  to  constitute  part  of  the  vestry ; 
fourth,  of  the  name  or  title  by  which  such  church  or 
congregation  shall  be  known  in  law :  which,  certifi- 
cate, being  duly  acknowledged,  or  the  execution  and 
acknowledgment  duly  proven  before  any  officer  au- 
thorized to  take  acknowledgments  or  proof  of  deeds 
or  conveyances  of  real  estate,  to  be  recorded  in  the 
county  where  such  church,  or  place  of  worship  of 
such  congregation,  shall  be  situated,  shall  be  recorded 
by  the  clerk  of  sucli  county,  or  by  the  officer  whose 
duty  it  is,  or  may  hereafter  be  made,  to  record  such 
instruments,  in  the  county  in  which  such  church  or 
place  of  worship  may  be  situated,  in  a  book  to  be 
kept  by  him  for  such  purpose. 

8.  The  church-wardens  and  vestry-men  so  elected, 
and  their  successors  in  office,  of  themselves  (but  if 
there  be  a  rector,  then  together  with  the  rector  of 
such  church  or  congregation)  shall  form  a  vestry,  and 


New  York.  177 

shall  be  the  trustees  of  such  church  or  congregation ; 
and  they  and  their  such  successors  shall  thereupon,  by 
virtue  of  this  act,  be  a  body  corporate  by  the  name 
or  title  expressed  in  such  certificate. 

9.  The  male  persons  qualified  as  aforesaid,  pro- 
vided they  shall  also  have  belonged  to  such  church 
or  congregation  for  twelve  months  immediately  pre- 
ceding, shall,  in  every  year  thereafter,  on  the  day  in 
Easter  week  so  fixed  for  that  purpose,  elect  two 
church-wardens,  and  as  many  vestry-men  (not  less 
than  four  nor  more  than  eight)  as  shall  have  been 
legally  determined,  to  constitute  part  of  the  vestry. 

10.  Notice  shall  be  given  of  such  election  by  the 
rector,  if  there  be  one,  or,  if  there  be  none  or  he  be 
absent,  by  the  officiating  minister,  or  by  a  church- 
warden, for  two  Sundays  next  previous  to  the  day  so 
fixed,  in  the  time  of  divine  service. 

11.  Whenever  a  vacancy  in  the  board  so  consti- 
tuted shall  happen,  by  death  or  otherwise,  the  vestry 
shall  order  a  special  election  to  supply  such  vacancy, 
of  which  notice  shall  be  given,  in  the  time  of  divine 
service,  at  least  ten  days  previous  thereto. 

12.  The  notice  of  any  such  election,  stated  or 
otherwise,  shall  specify  the  place,  day,  and  hour  of 
holding  the  same.  The  provisions  contained  in  the 
preceding  sixth  clause  shall  apply  to  all  elections. 

13.  An  election  to  supply  vacancy,  and  also  the 
stated  annual  election,  shall  be  holden  immediately 
after  morning  service,  and  at  all  such  elections  the 
rector,  or,  if  there  be  none  or  he  be  absent,  one  of 
the  church-wardens  selected  for  the  purpose  by  a 
majority  of  the  duly  qualified  voters  present,  or,  if  no 


178     Laws  Relating  to  Religious  Corporations. 

church-warden  be  present,  a  vestry-man  (selected  in 
like  manner)  shall  preside,  and  receive  the  votes  of 
the  electors,  and  be  the  returning  officer ;  and  shall 
enter  the  proceedings  in  the  book  of  the  minutes  of 
the  vestry,  and  sign  his  name  thereto,  and  offer  the 
same  to  as  many  electors  present  as  he  may  think 
fit,  to  be  by  them  also  signed  and  certified. 

14.  The  church-wardens  and  vestry-men  chosen  at 
any  of  the  said  elections  shall  hold  their  offices  until 
the  expiration  of  the  year  for  which  they  shall  be 
chosen,  and  until  others  are  chosen  in  their  stead ; 
and  shall  have  power  to  call  and  induct  a  rector  to 
such  church  or  congregation  as  often  as  there  shall 
be  a  vacancy  therein,  and  to  fix  his  salary  or  compen- 
sation. 

15.  No  board  or  meeting  of  such  vestry  shall  be 
held,  unless  at  least  three  days'  notice  thereof  shall 
be  given  in  writing,  under  the  hand  of  the  rector  or 
one  of  the  church-wardens :  except  that  for  the  first 
meeting  after  an  election,  twenty-four  hours'  notice 
shall  be  sufficient ;  and  no  such  board  shall  be  com- 
petent to  transact  any  business  unless  the  rector,  if 
there  be  one,  and  at  least  one  of  the  church-wardens, 
and  a  majority  of  the  vestry-men,  be  present ;  but  if 
the  rector  be  absent  from  the  State,  and  shall  have 
been  so  absent  for  over  four  calendar  months,  or  if 
the  meeting  has  been  called  by  the  rector,  and  he  be 
absent  therefrom,  the  board  shall  be  competent  to 
transact  all  business,  if  there  be  present  one  church- 
warden and  a  majority  of  the  vestry-men :  except 
that,  in  the  absence  of  the  rector,  no  measure  shall 
be  taken  for  effecting  a  sale  or  disposition  of  real 


New  York.  179 

property,  nor  may  any  sale  or  disposition  of  the 
capital  or  principal  of  the  personal  estate  of  such 
corporation  be  made,  nor  any  act  done  which  shall 
impair  the  rights  of  such  rector. 

16.  The  rector,  if  there  be  one,  and  if  not,  then 
the  church-warden  present,  or  if  both  the  cburch- 
wardens  be  present,  then  the  church-warden  who 
shall  be  called  to  the  chair  by  a  majority  of  votes 
shall  preside,  and  have  the  casting  vote. 

17.  Whenever  any  corporation  organized  under  the 
provisions  of  this  act  shall  deem  it  for  the  interests 
of  such  corporation  to  change  the  number  of  its  vestry- 
men, it  shall  and  may  be  lawful  for  such  corporation 
to  change  the  same,  provided  that  the  number  of  such 
vestry-men  shall  not  thereby  be  less  than  four,  nor 
more  than  eight;  and,  in  order  to  effect  such  change, 
the  same  shall  be  authorized  and  approved  by  the 
vestry,  at  the  regular  meeting  thereof,  and  shall  then, 
at  the  next  stated  annual  election  for  wardens  and 
vestry-men,  be  submitted  to  and  ratified  by  a  majority 
of  the  votes  of  all  the  qualified  voters  voting  at  such 
election ;  notice  of  which  proposed  change,  and  that 
the  same  will  be  submitted  for  ratification  at  such 
election,  shall  be  given  at  the  same  time,  and  in  the 
same  manner,  as  is  required  for  notice  of  the  said 
election ;  and  if  such  change  be  thus  ratified,  a  certif- 
icate shall  be  made,  setting  forth  the  resolution  of  the 
vestry,  and  the  proceedings  to  ratify  the  same,  to- 
gether with  the  fact  of  the  notice  being  given  as  re- 
quired, and  shall  be  acknowledged  or  proved  or  re- 
corded, in  the  same  manner  as  is  required  for  the 
original  certificate  of  organization  ;    and  thereupon 


1 80     Laivs  Relating  to  Religious  Corporations. 

the  number  of  vestry-men  to  constitute  a  part  of  the 
vestry  of  such  corporation  shall  be  such  as  shall  be 
fixed  by  the  proceedings  to  effect  such  change. 
But  such  change  shall  not  take  effect,  or  be  operative, 
until  the  certificate  above  mentioned  shall  have  been 
duly  ^recorded. 

Sec.  2.  The  provisions  of  the  ninth,  tenth,  eleventh, 
twelfth,  thirteenth,  fourteenth,  fifteenth,  sixteenth,  and 
seventeenth  clauses  of  section  one  of  this  act  shall 
apply  to  any  church  or  corporation  in  communion 
with  the  Protestant  Episcopal  Church  in  this  State, 
heretofore  incorporated  under  the  act  hereby 
amended,  or  under  any  of  the  acts  amending  the 
same ;  or  under  the  several  acts  to  provide  for  the 
incorporation  of  religious  societies,  passed  April  6, 
1784,  March  2^,  1801  ;  or  the  Act  for  the  Relief  of 
the  Protestant  Episcopal  Church  in  the  State  of  New- 
York,  passed  March  17,  1795  ;  or  by  any  special 
charter  made  or  granted  before  or  after  July  4,  1776, 
whereof  the  vestry,  at  a  regular  meeting,  shall,  by 
vote,  determine  to  adopt  the  same ;  and  such  vote 
shall,  at  the  next  ensuing  stated  annual  election  for 
wardens  and  vestry-men,  be  submitted  to,  and  ratified 
by  a  majority  of  the  votes  of  all  the  qualified  voters 
voting  at  such  election  ;  notice  of  such  vote  of  the 
vestry,  and  of  the  proposed  submission  of  the  same 
for  ratification,  having  been  given  at  the  same  time, 
and  in  the  same  manner,  as  is  required  by  the  tenth 
clause  of  the  first  section  of  this  act,  for  notice  of  elec- 
tion. But  such  adoption  shall  not  take  effect,  or  be 
operative,  until  a  certificate,  embodying  a  true  copy 
of  the  resolution  of  the  vestry,  as  entered  upon  their 


New  York,  i8i 

minutes,  and  the  proceedings  to  ratify  the  same,  to- 
gether with  the  fact  of  the  notice  being  given  as  re- 
quired, shall  have  been  acknowledged  or  proved,  and 
shall  be  recorded,  as  is  required  by  the  foregoing 
seventh  clause  of  section  one,  for  the  certificate  of 
incorporation. 

Sec.  3.  The  first  section  of  the  act  passed  March 
5,  1 8 19,  entitled  "  An  Act  to  Amend  the  Act  entitled 
*  An  Act  to  Provide  for  the  Incorporation  of  Relig- 
ious Societies,' "  is  hereby  repealed. 

Sec.  4.  The  third  section  of  the  act  passed  Febru- 
ary 15,  1826,  entitled  "An  Act  to  Amend  an  Act 
entitled  '  An  Act  to  Provide  for  the  Incorporation  of 
Religious  Societies,'"  passed  April  5,  18 13,  shall  not 
apply  to  any  church  or  congregation  in  connection 
with  the  Protestant  Episcopal  Church  in  this  State. 

Sec.  5.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

ROMAN     CATHOLIC    CHURCH. 
Act  passed  March  25, 1863. 

Sec.  I.  It  shall  be  lawful  for  any  Roman  Catholic 
Church  or  congregation,  now  or  hereafter  existing  in 
this  State,  to  be  incorporated  according  to  the  pro- 
visions of  this  act. 

Sec.  2.  The  Roman  Catholic  archbishop,  or  bishop 
of  the  diocese  in  which  such  church  is  erected,  or  in- 
tended so  to  be,  the  vicar-general  of  such  diocese, 
and  the  pastor  of  such  church  for  the  time  being,  re- 
spectively, or  a  majority  of  them,  may  select  and  ap- 
point two  laymen,  members  of  such  church,  and  may, 
together   with   such    laymen,  sign    a   certificate,  in 


1 82      Laws  Relating  to  Religions  Corporations. 

duplicate,  showing  the  name  or  title  by  which  they,  and 
their  successors,  shall  be  known  and  distinguished  as 
a  body  corporate,  by  virtue  of  this  act :  which  certif- 
icate shall  be  duly  acknowledged  or  proved  in  the 
same  manner  as  conveyances  of  real  estate. 

Sec.  3.  One  of  such  certificates  shall  be  filed  in  the 
office  of  the  Secretary  of  State,  and  the  other  in  the 
office  of  the  clerk  of  the  county  in  which  said  church 
may  be  erected,  or  intended  so  to  be ;  and  thereupon 
such  church  or  congregation  shall  be  a  body  corpo- 
rate, by  the  name  or  title  expressed  in  such  certificate, 
and  the  persons  signing  the  same  shall  be  the  trustees 
thereof. 

Sec.  4.  The  successor  of  any  such  archbishop,  bish- 
op, vicar-general,  or  pastor,  respectively,  for  the  time 
being,  shall,  by  virtue  of  his  office,  be  the  trustee  of 
such  church  in  place  of  his  predecessor  ;  and  such  lay- 
men shall  hold  their  office  respectively  for  one  year, 
and  whenever  the  office  of  such  layman  shall  become 
vacant,  by  death,  removal,  resignation,  or  otherwise, 
his  successor  shall  be  appointed  in  the  same  manner 
as  herein  provided  for  his  original  selection. 

Sec.  5.  The  trustees  of  every  such  church  or  congre- 
gation, and  their  successors,  shall  have  all  the  powers 
and  authority  granted  to  the  trustees  of  any  church, 
congregation,  or  society,  by  the  fourth  section  of  an 
act  entitled  "  An  Act  to  Provide  for  the  Incorporation 
of  Religious  Societies,"  passed  April  5,  1813  ;  and 
shall  also  have  the  power  to  fix  or  ascertain  the  salary 
to  be  paid  to  any  pastor  or  assistant  pastor  of  such 
church.  But  the  whole  real  and  personal  estate  of 
any  such  church,  exclusive  of  the  church  edifice,  par- 


New  York.  183 

sonage,  and  school-houses,  together  with  the  land  on 
which  the  same  may  be  erected,  and  burying-places, 
shall  not  exceeed  the  annual  value  or  income  of  three 
thousand  dollars. 

Nothing  herein  contained  shall  be  held  or  taken 
to  repeal,  alter,  or  impair  the  effect  of  chapter  360  of 
the  laws  of  i86a 

THE   BAPTIST  CHURCH. 
Act  passed  May  28, 1873. 

Sec.  I.  It  shall  be  lawful  for  any  Baptist  Church 
now  existing,  or  that  may  hereafter  be  organized  in 
this  State,  to  be  incorporated  according  to  the  pro- 
visions of  this  act,  as  follows  : — 

Sec.  2.  The  members  of  any  such  church,  of  full 
age,  may  assemble  at  their  place  of  worship,  and,  by 
a  majority  of  the  votes  of  such  members,  elect  any 
number  of  persons,  not  less  than  three  nor  more  than 
nine,  as  trustees,  at  the  time  and  in  the  manner  pro- 
vided for  in  the  third  section  of  this  act. 

Sec.  3.  Public  notice  shall  be  given  in  the  congre- 
gation of  the  meeting  for  the  incorporation  of  such 
church,  and  the  first  election  of  trustees,  under  the 
provisions  of  this  act,  and  also  for  all  subsequent 
meetings  for  the  election  of  trustees,  at  least  fifteen 
days  previous  to  the  time  for  such  incorporation  and 
election  or  elections,  and  on  not  less  than  two  suc- 
cessive Sabbaths  or  other  days  of  public  service. 
The  object,  time,  and  place  of  such  meeting  shall 
be  distinctly  stated  in  such  notice. 

Sec.  4.  The  trustees  so  elected  shall  file,  under 
oath,  in  the  office  of  the  clerk  or  register  of  the 


184     Laws  Relating  to  Religious  Corporations. 

county  in  which  the  church  is  located,  a  certificate 
of  their  election,  duly  signed  by  the  chairman  and 
secretary  of  the  meeting  at  which  such  election  took 
place,  and  thenceforth  said  church,  organized  under 
the  provisions  of  this  act,  shall  be  a  body  corporate 
by  the  name  expressed  in  the  certificate  of  their  in- 
corporation. Such  trustees  shall  hold  regular  meet- 
ings for  business  at  such  time  and  place  as  they  may 
appoint,  and  special  meetings  may  be  called  by  any 
three  of  them  ;  a  majority  of  the  whole  number  shall 
be  a  quorum  for  the  transaction  of  business,  and  a 
majority  vote  shall  decide  any  question. 

Sec.  5.  Whenever  a  trustee,  by  removal  or  other- 
wise, ceases  to  be  a  member  of  such  church,  or,  if 
not  a  member,  ceases  to  attend  or  to  support  its 
worship,  he  shall  at  the  same  time  cease  to  act  as  a 
trustee,  and  his  place  shall  be  declared  vacant  by  an 
official  notice  of  the  board  of  trustees  to  the  church, 
and  a  new  election  shall  be  ordered  to  fill  such  va- 
cancy, as  provided  in  section  three  of  this  act. 

Sfx.  6.  All  the  provisions  of  the  act  entitled  "  An 
Act  for  the  Incorporation  of  Religious  Societies," 
and  the  several  acts  amendatory  thereof,  so  far  as 
they  relate  to  the  term  of  service  and  the  powers 
and  duties  of  trustees,  shall  apply  to  the  trustees  of 
churches  which  shall  be  organized  or  incorporated 
pursuant  to  the  provisions  of  this  act,  so  far  as  the 
same  are  not  in  conflict  or  inconsistent  therewith. 

Sec.  7.  This  act  shall  take  effect  immediately. 


New  York.  185 

INCORPORATION    OF    A    PRESIDING    ELDER'S    DISTRICT    OF 
THE    METHODIST    EPISCOPAL    CHURCH. 

Chapter  265,  Laws  of  1S67. 

Sec.  I.  The  presiding  elder  and  a  majority  of  the 
district  stewards,  appointed  according  to  the  Disci- 
pline of  the  Methodist  Episcopal  Church,  residing 
in  any  ecclesiastical  district  in  this  State,  erected  by 
an  Annual  Conference  of  said  church  as  a  presiding 
elder's  district,  may  make,  sign,  and  acknowledge 
before  some  officer  competent  to  take  the  acknowl- 
edgment of  deeds,  and  file  in  the  office  of  the  clerk 
of  any  county  in  such  district,  and  a  duplicate  there- 
of in  the  office  of  the  Secretary  of  State,  a  certificate  in 
writing,  in  which  shall  be  stated  the  corporate  name 
of  such  corporation  ;  the  names,  residences,  and  offi- 
cial relation  to  the  district  of  the  persons  signing 
such  certificate  ;  the  number  of  trustees,  not  less 
than  three  nor  more  than  nine,  who  shall  manage 
the  property  and  affairs  of  said  corporation  for  the 
first  year,  and  their  names ;  and  in  which  certificate 
it  shall  be  further  stated  in  substance  that  the  object 
of  such  corporation  is  to  secure  the  benefits  of  this 
act. 

Sec  2.  When  such  certificate  shall  be  filed  as 
aforesaid,  the  persons  who  shall  have  made,  signed, 
and  acknowledged  the  same,  and  their  successors, 
shall  be  and  become  a  body  politic  and  corporate, 
by  the  name  stated  in  such  certificate  ;  and  such 
corporation  shall  have  succession,  and  possess  the 
general  powers  conferred  on  corporations,  by  the 
eighteenth  chapter  of  the  first  part  of  the  Revised 


1 86     Laws  Relating  to  Religious  Corporations. 

Statutes  of  this  State,  and  shall  also  have  power  to 
take,  by  gift,  grant,  or  purchase,  any  estate,  real  or 
personal,  for  the  use  of,  and  as  a  residence  for,  the 
presiding  elder  for  the  time  being  of  such  district 
and  his  successors  in  office,  and  from  time  to  time 
to  sell  and  convey  the  same,  and  re-invest  the  pro- 
ceeds thereof  for  a  like  purpose,  as  the  trustees  of 
such  corporation,  with  the  approval  of  the  Annual 
Conference  having  jurisdiction  over  the  district,  may 
direct ;  but  the  annual  income  or  value  of  such  real 
and  personal  estate  shall  not  exceed  five  thousand 
dollars. 

Sec.  3.  Any  real  estate  heretofore  conveyed  for 
the  use  of,  or  as  a  residence  for,  a  presiding  elder  of 
any  such  district,  and  his  successors  in  office,  may  be 
conveyed  by  the  trustees  holding  the  title  thereof  to 
a  corporation  formed  as  aforesaid  for  the  district  in 
which  such  estate  is  situated ;  whereupon  the  title 
thereto  shall  vest  in  such  corporation  for  the  pur- 
poses defined  by  this  act. 

Sec.  4.  The  district  stewards  of  any  presiding  eld- 
er's district,  at  their  annual  meeting,  may  appoint 
from  time  to  time  trustees  for  any  such  corporation 
within  tlieir  district  to  supply  the  places  of  those 
whose  terms  shall  expire,  and  to  fill  any  vacancies  in 
the  number  of  such  trustees,  and  trustees  of  any 
such  corporation  shall  respectively  hold  their  offices 
for  one  year,  and  until  others  are  appointed  in  their 
places. 

Sec.  5.  This  act  shall  take  effect  immediately. 


New  York,  187 

Chapter  408. 

AN  ACT  ui  relation  to  parsonages  in  certain  cases. 

Passed  May  21, 1875, 

The  People  of  the  State  of  New  York,  represented  in 
the  Senate  and  Assembly,  do  enact  as  follows : — 
Sec.  r.  In  all  cases  now  existing,  or  which  may 
hereafter  exist,  in  which  any  priest,  clergyman,  or 
minister  of  the  gospel,  shall  serve  or  minister  to  two 
or  more  churches,  congregations,  or  religious  societies, 
incorporated  under  the  provisions  of  the  act  entitled 
"An  Act  to  provide  for  the  Incorporation  of  Religious 
Societies,"  passed  April  fifth,  eighteen  hundred  and 
thirteen,  and  the  acts  amendatory  thereof,  it  shall  be 
lawful  for  such  churches,  congregations,  or  religious 
societies  to  have,  hold,  and  own  a  lot  or  lots  or  farm, 
.  with  such  building  or  buildings  thereon,  as  the  said 
churches,  congregations,  or  religious  societies  may 
deem  necessary  or  proper  for  the  use  of  such  priest, 
clergyman,  or  minister  of  the  gospel  as  shall  serve 
or  minister  to  such  churches,  congregations,  or  relig- 
ious societies,  to  be  occupied  and  used  by  such  priest, 
clergyman,  or  minister  of  the  gospel  as  a  parsonage 
during  the  time  he  shall  serve  or  minister  to  such 
churches,  congregations,  or  religious  societies. 

Sec.  2.  After  the  passage  of  this  act  the  said 
churches,  congregations,  or  religious  societies  shall 
have  power  to  elect  three  trustees,  each  being  a 
member  of  one  of  said  churches,  congregations,  or 
religious  societies,  to  be  denominated  parsonage  trust- 
ees, to  take  and  hold  the  title  to  such  lot  or  lots,  or 
farm  as  may  be  purchased  for  parsonage  purposes. 


1 88     Lazvs  Relating  to  Religions  Corporations. 

as  trustees  of,  and  for   the  use  and  benefit  of  said 
churches,  congregations,  or  religious  societies. 

Sec.  3.  The  priest,  clergyman,  or  minister  of  the 
gospel  so  serving  or  ministering  to  such  churches, 
congregations,  or  religious  societies,  shall  designate 
some  day  other  than  Sunday,  and  the  hour  of  the 
day,  when  the  election  of  the  first  trustees  shall  be 
held,  at  the  place  where  each  of  such  churches,  con- 
gregations, or  religious  societies  statedly  meets  for 
worship.  Notice  of  the  time  of  holding  such  election 
shall  then  be  given  to  each  of  such  churches,  con- 
gregations, or  religious  societies,  in  the  manner  pre- 
scribed by  the  third  section  of  the  act  above  men- 
tioned. Notice  shall  also  be  given,  at  the  same  time 
and  in  the  same  manner,  of  the  place  where  the  board 
of  canvassers,  created  by  this  act,  shall  meet  to  can- 
vass the  votes  given  at  the  election  for  trustees.  At  ♦ 
the  time  so  appointed  for  such  election,  said  churches, 
congregations,  or  religious  societies  shall,  by  a  plural- 
ity of  voices,  elect  one  of  their  members  chairman  of 
such  meeting,  and  the  clerk  of  such  church,  congre- 
gation, or  religious  society,  if  present,  shall  be  clerk 
of  such  meeting ;  but  if  such  clerk  shall  be  absent, 
then  such  church,  congregation,  or  religious  societies 
shall,  by  plurality  of  voices,  elect  one  of  their  mem- 
bers* clerk  for  the  time  being. 

Sec.  4.  Said  election  of  trustees  shall  be  by  ballot, 
and  the  three  persons  for  whom  the  highest  number 
of  ballots  shall  be  cast  shall  be  the  first  trustees. 
The  chairman  of  each  of  such  meetings  shall  preside 
thereat,  receive  the  ballots,  preserve  order,  and  see 
that  the  business  before  the  meeting  is  conducted  in 


New   York.  189 

an  orderly  and  legal  manner.  The  clerk  of  each 
meeting  shall  keep  a  record  of  the  proceedings  thereof, 
and  also  a  poll-list,  containing  the  names  of  all  the 
persons  who  shall  vote  at  such  election.  All  persons 
who  shall  be  entitled  to  vote  for  trustees  of  such 
church,  congregation,  or  religious  society  may  law- 
fully vote  at  such  election,  and  no  others.  The 
chairman  and  clerk  of  each  meeting  shall  canvass 
the  votes  cast  at  such  election,  and  make  and  sign  a 
certificate  thereof  setting  forth  the  time  and  place  at 
which  such  election  was  held,  the  whole  number  of 
votes  cast,  the  names  of  all  persons  voted  for,  and 
the  number  of  votes  given  for  each. 

Sec.  5.  The  chairman  of  any  or  either  of  such 
meetings  may,  by  a  writing  signed  by  him,  appoint 
the  clerk  of  such  meeting  a  canvasser  in  his  place 
and  stead ;  such  chairmen  as  do  not  appoint  the 
clerk  a  canvasser  in  his  stead,  and  such  clerks  as 
shall  or  may  be  appointed  canvassers  as  above  men- 
tioned, shall  meet  at  the  place  designated  in  the 
notice  given  for  such  election,  on  the  day  following 
such  election,  at  three  o'clock  in  the  afternoon  of 
that  day,  and  shall  form  themselves  into  a  board  of 
canvassers  by  the  election  of  one  of  their  number 
chairman  of  said  board,  and  another  one  of  their 
members  secretary  of  said  board,  and  shall  then,  from 
all  the  certificates  of  the  elections  held  the  day  be- 
fore, ascertain  the  whole  number  of  votes  cast  for 
parsonage  trustees,  the  names  of  all  the  persons  voted 
for,  and  the  number  of  votes  given  for  each,  and  shall 
declare  the  three  persons  having  the  largest  number 

of  votes  elected  trustees.     They  shall  then  proceed 
14 


1 90      Laws  Relating  to  Religious  Corporations. 

to  divide  said  trustees,  by  lot,  into  three  classes,  one 
of  whom  shall  hold  office  for  one  year,  one  for  two 
years,  and  one  for  three  years ;  and  thereafter  one 
parsonage  trustee  shall  be  elected  each  year,  at  the 
time,  and  in  the  manner,  and  upon  the  notice  pre- 
scribed for  the  election  of  the  first  parsonage  trust- 
ees. They  shall  then  designate  the  name  by  which 
such  parsonage  trustees  shall  be  known  and  called, 
as  the  parsonage  trustees  of  a  certain  circuit,  [naming 
it,]  or  of  a  certain  place,  [naming  it,]  and  its  vicinity. 

Sec.  6.  The  secretary  of  the  said  board  of  can- 
vassers shall  keep  a  record  of  all  the  proceedings  of 
said  board  in  a  book  to  be  provided  for  that  purpose, 
and  shall  also  file  and  preserve  all  certificates  of  elec- 
tion on  which  such  board  shall  act.  He  shall  also 
make  a  certificate  of  the  election  of  the  persons 
chosen  trustees,  of  their  classification  and  the  time 
each  is  to  serve,  which  shall  be  signed  by  the  chair- 
man of  such  board  and  by  such  secretary,  and  shall 
be  acknowledged  by  them  in  such  manner  as  deeds 
are  by  law  required  to  be  acknowledged  to  entitle 
them  to  be  recorded.  Such  certificate  and  acknowl- 
edgment shall  then  be  recorded  in  the  office  of  the 
clerk  of  the  county  or  counties  in  which  any  one  of 
such  churches,  congregations,  or  religious  societies 
may  be  located. 

Sec.  7.  Upon  the  recording  of  such  certificate  the 
said  trustees  and  their  successors  shall  be  a  body 
politic  and  corporate,  by  the  name  stated  in  such  cer- 
tificate, and  by  that  name  they  and  their  successors 
shall  and  may  have  succession,  and  shall  be  capable, 
in  law,  of  suing  and  being  sued,  and  may  have  and  use 


New   York.  19 1 

a  common  seal,  and  may  alter  and  change  the  same 
at  pleasure  ;  and  by  their  corporate  name  be  capable 
of  receiving,  purchasing,  and  holding  for  the  use  and 
benefit  of  such  churches,  congregations,  or  religious 
societies,  such  real  and  personal  estate  as  such 
churches,  congregations,  or  religious  societies  may 
deem  necessary  or  proper  to  purchase  for  the  use  of 
the  priest,  clergymen,  or  ministers  of  the  gospel,  who 
shall  serve  or  minister  to  them,  as  aforesaid,  and  to 
manage,  improve,  protect  and  preserve  said  property. 

Sec.  8.  In  case  it  shall  happen  that  an  election  of 
trustees  shall  not  be  held  on  the  day  designated  for 
such  election,  the  corporation  shall  not  for  that  reason 
be  dissolved,  but  such  election  may  be  held  on  some 
other  day,  by  giving  notice  of  such  election,  in  the 
manner  prescribed  for  the  first  election  of  trustees, 
but  the  time  of  service  of  the  trustee  so  elected  shall 
expire  at  the  same  time  his  term  would  have  expired 
in  case  he  had  been  elected  at  the  proper  time. 

Sec.  9.  In  case  of  the  death  or  removal  from  the 
county  of  any  one  or  more  of  said  trustees,  the  re- 
maining trustees  or  trustee  may,  by  writing  under 
their  or  his  hand  and  seal,  appoint  a  trustee  or  trust- 
ees in  the  place  and  stead  of  the  trustee  or  trustees 
so  dying,  or  removing  from  the  county,  until  the 
time  appointed  for  the  next  election,  when  a  trustee 
or  trustees  shall  be  elected  in  the  place  or  places  of 
him  or  them  so  dying  or  removing,  in  the  same  man- 
ner as  other  trustees  are  required  to  be  elected. 

Sec.  10.  This  act  shall  take  effect  immediately. 


192     Laws  Relating  to  Religious  Corporations. 


Chapter  26,  Laws  of  1874. 

AN  ACT  authorizing  the  formation  of  corporations  to  secure  camp- 
grounds^ and  other  property  connected  therewith,  for  the  use  of  the 
Methodist  Episcopal  Church. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  ;— 
Sec.  I.  The  presiding  elder  of  any  district,  or  the 
presiding  elders  of  any  number  of  districts,  and  a 
majority  of  the  district  stewards  of  any  district  or 
districts,  appointed  according  to  the  Discipline  of  the 
Methodist  Episcopal  Church,  residing  in  any  ecclesi- 
astical district  or  districts  in  this  State,  erected  by  an 
Annual  Conference  of  said  church  as  a  presiding 
elder's  district  or  districts,  may  make,  sign,  and  ac- 
knowledge, before  some  officer  competent  to  take 
the  acknowledgment  of  deeds,  and  file  in  the  office 
of  the  clerk  of  any  county  in  such  district  or  dis- 
tricts, and  a  duplicate  thereof  in  the  office  of  the 
Secretary  of  State,  a  certificate  in  writing,  in  which 
shall  be  stated  the  corporate  name  of  said  corpora- 
tion ;  the  names,  residences,  and  official  relation  to 
the  district  of  the  person  signing  such  certificate  ;  the 
number  of  trustees,  not  less  than  three  nor  more 
than  nine,  who  shall  manage  the  property  and  affairs 
of  said  corporation  for  the  first  year,  and  their  names, 
and  in  which  certificate  it  shall  be  further  stated,  in 
substance,  that  the  object  of  such  corporation  is  to 
secure  the  benefits  of  this  act. 

Sec.  2.  The  district  stewards  of  any  presiding 
elder's  district,  at  their  annual  meeting,  may  appoint 
from  time  to  time  trustees  for  any  such  corporation 


New  York.  193 

within  their  district,  to  supply  the  places  of  those 
whose  terms  of  office  shall  expire,  and  to  fill  any 
vacancies  in  the  number  of  such  trustees.  And 
when  two  or  more  districts  join  such  corporation, 
then  the  district  stewards  of  each  district,  at  their 
annual  meeting,  may  appoint  their  equal  portion  of 
said  trustees  ;  but  in  case  the  number  of  trustees  can- 
not be  equally  divided  between  the  districts,  then 
the  district  in  which  the  camp-ground  is  located  may 
appoint  such  trustee. 

Sec.  3.  When  such  certificate  shall  be  filed  as 
aforesaid,  the  persons  who  shall  have  made,  signed, 
and  acknowledged  the  same,  and  their  successors, 
shall  be  and  become  a  body  politic  and  corporate,  by 
the  name  stated  in  such  certificate ;  and  such  corpo- 
ration shall  have  succession,  and  possess  the  general 
powers  conferred  on  corporations  by  the  eighteenth 
chapter  of  the  first  part  of  the  Revised  Statutes  of 
this  State  ;  and  shall  also  have  power  to  take,  by  gift, 
grant,  or  purchase,  any  estate,  real  or  personal,  the 
annual  income  of  which  shall  not  exceed  ten  thou- 
sand dollars,  for  the  use  of  the  authorities  of  the 
Methodist  Episcopal  Church  representing  said  dis- 
trict or  districts  as  a  camp-ground  for  camp-meeting 
purposes,  and  from  time  to  time  to  sell  and  convey 
the  same,  and  to  re-invest  the  proceeds  thereof  for  a 
like  purpose,  as  the  trustees  of  such  corporation, 
with  the  approval  of  the  Annual  Conference  having 
jurisdiction  over  the  district  or  districts,  may  direct. 
And  all  the  provisions  of  article  seven,  title  eight, 
chapter  twenty,  part  first  of  the  Revised  Statutes  of 
this  State,  entitled  "of  the  disturbance  of  religious 


194     Laws  Relating  to  Religions  Corporations. 

meetings,"  shall  apply  to  religious  meetings  held  in 
pursuance  of  this  act,  in  accordance  with  the  usages 
of  said  Methodist  Episcopal  Church.  And  the  trust- 
ees of  any  such  camp-ground  appointed  according  to 
the  provisions  of  this  act,  and  for  the  purpose  named 
in  this  act,  and  their  successors  in  office,  are  hereby 
clothed  with  the  same  powers  as  are  conferred  upon 
peace  officers  in  and  by  said  article  seven. 

Sec.  4.  Any  real  estate  heretofore  conveyed  for 
camp-meeting  purposes  may  be  conveyed  by  the 
trustees  holding  the  title  thereof  to  a  corporation 
formed  as  aforesaid,  whereupon  the  title  thereto  shall 
vest  in  such  corporation  for  the  purpose  defined  in 
this  act. 

Sec.  5.  Districts  may  unite  with  such  corporation 
by  conforming  to  this  act,  and  appending  their  certifi- 
cates to  the  original  ones. 

Sec.  6.  This  act  shall  take  effect  immediately. 

Chapter  325. 

AN  ACT  to  amend  chapter  twenty-six  of  the  laws  of  eighteen  Hun- 
dred  and  sevetzty-four,  entitled  "  An  act  authoriziitg  the  formation 
of  corporations  to  secure  camp-grounds  and  other  property  connected 
therewith  for  the  use  of  the  Methodist  Episcopal  Church^ 

Passed  May  14,  1875. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows : — 

Sec.  r.  Section  two  of  chapter  twenty-six  of  the 
laws  of  eighteen  hundred  and  seventy-four,  entitled 
"An  act  authorizing  the  formation  of  corporations  to 
secure  camp-grounds,  and  other  property  connected 
therewith,  for  the  use  of  the  Methodist  Episcopal 


New  York,  195 

Church,"  is  hereby  amended  so  as  to  read  as  fol- 
lows : — 

Sec.  2.  Whenever  in  forming  any  corporation  un- 
der this  act  a  greater  number  of  trustees  than  nine 
shall  be  desired,  the  number  of  trustees  shall  be 
specified  in  the  articles  of  incorporation,  which  shall 
be  not  less  than  nine  nor  more  than  twenty-one,  and 
shall  specify  in  said  articles  the  names  of  the  per- 
sons as  trustees  to  manage  the  affairs  of  said  corpo- 
ration until  others  are  elected  in  their  places  ;  said 
trustees  shall  be  divided  by  lot  info  three  classes,  the 
first  class  to  hold  their  office  for  one  year ;  the  sec- 
ond class  to  hold  their  office  for  two  years  ;  the 
third  class  to  hold  their  office  for  three  years.  The 
said  corporation,  when  organized,  and  any  camp- 
ground or  camp-meeting  association  heretofore  or- 
ganized under  the  laws  of  the  State  of  New  York, 
shall  have  power  to  adopt  a  constitution,  and  to  pre- 
scribe rules  and  regulations  not  inconsistent  with  the 
constitution  and  the  laws  of  the  State  or  of  the 
United  States,  for  the  government  thereof,  and  for 
the  election  of  trustees,  and  its  officers.  One  third 
of  the  trustees  shall  be  annually  elected,  and  vacan- 
cies filled  in  such  manner  as  the  constitution  of  said 
corporation  shall  prescribe.  When  the  camp-grounds 
proposed  to  be  selected  by  such  corporation  shall  be 
situated  upon  or  near  the  borders  of  this  State,  per- 
sons residing  out  of  the  jurisdiction  of  this  State 
may  be  permitted  to  join  in  and  become  members  of 
said  corporation,  and  shall  be  eligible  to  be  elected 
officers  thereof  When  the  number  of  trustees  do 
not  exceed  nine,  or  no  constitution  is  adopted  by  the 


196     Laws  Relating  to  Religious  Corporations. 

corporation  prescribing  the  mode  of  elections  of  its 
trustees  and  officers,  then  the  district  stewards  of  any 
presiding  elders  district,  at  their  annual  meeting, 
may  appoint,  from  time  to  time,  trustees  for  such 
corporation  within  their  district  to  supply  the  place 
of  those  whose  term  of  office  shall  expire,  and  to  fill 
vacancies  in  the  number  of  trustees.  And  when  two 
or  more  districts  join  in  such  corporation,  then  the 
district  stewards  of  each  district,  at  their  annual  meet- 
ing, may  appoint  their  equal  proportion  of  said  trust- 
ees. But  in  case  the  number  of  trustees  cannot  be 
equally  divided  between  the  districts,  then  the  dis- 
trict in  which  the"  camp-ground  is  located  may  ap- 
point such  trustees. 

Sec.  2.  All  restrictions  imposed  upon  such  corpo- 
rations, heretofore  organized  under  any  law  of  this 
State,  relating  to  the  amount  of  real  or  personal 
estate,  or  the  value  thereof,  which  such  corporation 
may  hold,  are  hereby  removed,  provided  the  entire 
annual  income  shall  not  exceed  the  sum  authorized 
by  section  three  of  the  act  hereby  amended,  unless 
by  their  charters  they  are  empowered  to  hold  a  larger 
amount.  Whenever  any  camp-ground  association 
shall  own  land  on  any  of  the  navigable  waters  of  the 
State  of  New  York,  to  be  used  for  camp-ground  pur- 
poses only,  the  said  association  shall  have  authority 
to  regulate  the  landing  of  any  person,  or  vessel,  on 
said  wharves,  piers,  or  shore,  during  the  holding  of 
religious  services,  and  may  also  regulate  or  prohibit 
the  use  of  said  wharves  and  piers,  or  shore,  during 
said  services,  by  any  person  or  vessel. 

Sec.  3.  This  act  shall  take  effect  immediately. 


New  York,  197 


INCORPORATION  OF  PRESBYTERIES. 

Passed  May  17, 1875. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly ^  do  enact  as  follows : — 

Sec.  I.  It  shall  be  lawful  for  any  presbytery,  now 
or  hereafter  to  be  constituted  or  established,  not  al- 
ready incorporated,  at  any  stated  meeting  thereof,  by 
plurality  of  voices,  to  elect  any  number  of  discreet 
persons,  not  less  than  three  nor  exceeding  nine  in  num- 
ber, as  trustees  to  take  charge  of  the  real  estate  and 
property  belonging  thereto,  and  to  transact  all  affairs 
relating  to  the  temporalities  thereof.  And  the  moder- 
ator and  stated  clerk  of  said  presbytery  shall,  imme- 
diately thereafter,  certify,  under  their  hands  and  seals, 
the  names  of  the  persons  elected  as  trustees  for  such 
presbytery,  in  which  certificate  the  name  or  title  by 
which  the  said  trustees  and  their  successors  shall  for- 
ever thereafter  be  called  or  known  shall  be  particu- 
larly mentioned  and  described  ;  which  said  certificate, 
being  duly  acknowledged  or  proved  before  an  officer 
authorized  by  law  to  take  the  proof  or  acknowledg- 
ment of  deeds  of  real  estate,  by  said  moderator  and 
stated  clerk,  shall  be  recorded  by  the  clerk  of  one  of 
the  counties  situated,  wholly  or  in  part,  within  the 
bounds  of  said  presbytery,  in  the  book  where  the 
clerk  is  required  by  law  to  record  certificates  of  the 
organization  of  religious  societies,  and  such  trustees 
and  their  successors  shall  thereupon,  by  virtue  of  this 


198      Laws  Relating  to  Religious  Corporations. 

act,  be  a  body  corporate,  by  the  name  or  title  expressed 
in  such  certificate. 

Sec.  2.  The  said  corporation  shall,  in  law,  be  capa- 
ble of  taking  for  religious,  educational,  and  charitable 
purposes,  by  gift,  devise,  bequest,  grant,  or  purchase, 
and  of  holding,  conveying,  and  otherwise  disposing  of 
the  same  from  time  to  time,  all  personal  and  real 
estate  held  for  the  benefit  of  any  such  presbytery,  at 
the  time  the  same  shall  become  incorporated  or  which 
had  then  been  or  may  thereafter,  for  the  purpose  of 
any  such  presbytery  and  in  the  promotion  of  its  re- 
ligious, educational,  or  charitable  purposes,  be  given, 
devised,  bequeathed  or  granted,  to  any  such  corpora- 
tion by  its  name  or  for  the  religious,  educational,  and 
charitable  use  thereof,  or  which  may,  in  any  manner, 
have  accrued  or  shall  accrue  from  the  interest,  income, 
or  use  of  such  real  and  personal  estate ;  provided, 
that  the  yearly  mcome  received  from  the  property  of 
any  such  corporation  shall  not  exceed  the  sum  of 
ten  thousand  dollars. 

Sec.  3.  Whenever  any  church,  in  connection  with 
any  such  presbytery,  shall  become  extinct,  by  reason 
of  the  death  or  removal  of  its  members,  it  shall  be 
lawful  for  such  corporation  to  take  possession  of  the 
temporahties  belonging  to  the  society  formed  in  con- 
nection with  such  extinct  church,  and  manage  or 
dispose  of  the  same,  and  apply  the  proceeds  thereof  to 
any  of  the  objects  mentioned  in  the  second  section  of 
this  act. 

Sec.  4.  The  management  and  disposal  of  affairs  and 
property  of  such  corporation  shall  be  in  the  hands  of 
the  trustees  thereof ;  and  which  trustees  shall  hold 


New  York,  199 

their  office  at  the  pleasure  of  the  presbytery  elect- 
ing them,  and  all  vacancies  shall  be  filled  by  the  pres- 
bytery. 

Sec.  5.  This  act  shall  take  effect  immediately. 


DISSOLUTION  OF  SOCIETIES. 

Chapter  424.    Laws  of  1872. 

Sec.  I.  Whenever  any  religious  society  incorpo- 
rated by  law  shall  cease  to  act  in  its  corporate 
capacity,  and  keep  up  the  rehgious  services,  it  shall 
be  lawful  for  the  Supreme  Court  of  this  State,  upon 
application  of  a  majority  of  the  trustees  thereof  incor- 
porated by  law,  except  in  the  city  and  county  of  New 
York,  in  case  said  court  shall  deem  it  proper  to  do  so, 
to  order  and  decree  a  dissolution  of  such  religious 
society,  and  for  that  purpose  to  order  and  direct  a 
sale  and  conveyance  of  any  and  all  property  belonging 
to  such  society  ;  and  after  providing  for  the  ascertain- 
ing and  payment  of  the  debts  of  such  society,  and  the 
necessary  cost  and  expenses  of  such  sale  and  pro- 
ceedings for  dissolution,  so  far  as  the  proceeds  of 
such  sale  shall  be  sufficient  to  pay  the  same,  such 
court  may  order  and  direct  any  surplus  of  such  pro- 
ceedings remaining,  after  paying  such  debts,  costs, 
and  expenses,  to  be  devoted  and  applied  to  any  such 
religious,  benevolent,  or  charitable  objects  or  purposes 
as  the  said  trustees  may  indicate  by  their  application 
and  the  said  court  may  approve. 

Sec.  2.  Such  application  to  said  court  shall  be 
made  by  petition,  duly  verified  by  said  trustees,  which 
petition  shall  state  the  particulars  or  causes  why  such 


200      Lazvs  Relating  to  Religions  Corporations. 

sale  and  dissolution  are  sought ;  the  situation,  con- 
dition, and  estimated  value  of  the  property  of  said 
society  or  corporation,  and  the  particular  object  or 
purposes  to  which  it  is  proposed  to  devote  any  surplus 
of  the  proceeds  of  such  property,  and  such  petition 
shall  in  all  cases  be  accompanied  with  proof  that 
notice  of  the  time  and  place  of  such  intended  applica- 
tion to  said  court  has  been  duly  published  once  in 
each  week,  for  at  least  four  weeks  successively  next 
preceding  such  application,  in  a  newspaper  published 
in  the  county  where  such  society  is  located. 

Sec.  3.  In  case  there  shall  be  no  trustees  of  such  re- 
ligious society  residing  in  the  county  in  which  such  so- 
ciety is  located,  such  application  may  be  made,  and 
such  proceedings  taken  by  a  majority  of  the  members 
of  such  religious  society  residing  in  such  county. 

Sec.  4.  This  act  shall  take  effect  immediately. 

Form  of  Certificate  of  Incorporation  of  a  Religious 
Society. 

State  of  New  York, 


County,  '  ^^• 


We,  the  undersigned,  two  of  the  members  of  the 
religious  society  hereinafter  mentioned,  do  hereby 
certify  that  on  the  day  of ,  the  per- 
sons of  full  age  belonging  to  a  religious  society  in 
which  divine  worship  is  maintained  according  to  the 
rites  of  the Church,  and  not  already  incor- 
porated, met  at  the  place  of  public  worship  hereto- 
fore occupied  by  said  society  in  the  town  of , 

in  said  county,  for  the  purpose  of  incorporating  them- 


New  York.  201 

selves,  and  did  then  and  there  elect  by  plurality  of 
voices  [A.  B.,  C.  D.,  E.  F.,  not  less  than  three  nor 
more  than  nine]  as  trustees  of  said  society ;  and  the 
said  persons  did  then  and  there  determine  by  like 
plurality  of  voices  that  the  said  corporation  should 
forever  hereafter  be  called  and  known  by  the  name 

or  title  of 

Witness  our  hands  and  seals  as  presiding  officers 
of  the  meeting  aforesaid,  this day  of , 

18 . 

A.  B.     [Seal.] 

C.  D.     [Seal.] 

Proof  of  Execution  of  the  foregoing  Certificate : — 
County,  ss.  : 


On  this day  of personally  appeared 

before  me  (A.  B.  and  C.  D.)  to  me  known,  who  ac- 
knowledged that  they  executed  the  above-named  cer- 
tificate for  the  purposes  therein  mentioned. 

E.  F.,  yustice  of  the  Peace, 
{or  Notary  Pnblic) 

DISTURBING  RELIGIOUS   MEETINGS. 
Revised  Statutes,  1859,  Part  I,  Chapter  20— Article  7. 

Sec.  58.  No  person  shall  willfully  disturb,  inter- 
rupt, or  disquiet  any  assemblage  of  people  met  for 
religious  worship,  by  profane  discourse,  by  rude  and 
indecent  behavior,  or  by  making  a  noise  either  within 
the  place  of  worship  or  so  near  it  as  to  disturb  the 
order  and  solemnity  of  the  meeting ;  nor  shall  any 
person,   within   two    miles   of  the   place  where  any 


202     Laws  Relating  to  Religious  Corporations. 

religious  society  shall  be  actually  assembled  for  re- 
ligious worship,  expose  to  sale  or  gift  any  ardent  or 
distilled  liquors,  or  keep  open  any  huckster  shop  in 
any  other  place,  inn,  store,  or  grocery  than  such  as 
shall  have  been  duly  licensed,  and  in  which  such 
person  shall  have  usually  resided  or  carried  on  busi- 
ness ;  nor  shall  any  person  within  the  distance  afore- 
said exhibit  any  shows  or  plays,  unless  the  same  shall 
have  been  duly  licensed  by  the  proper  authority  ;  nor 
shall  any  person  within  the  distance  aforesaid  pro- 
mote, aid,  or  be  engaged  in  any  racing  of  animals,  or 
in  any  gaming  of  any  description  ;  nor  shall  any  per- 
son obstruct  the  free  passage  of  any  highway  to  any 
place  of  public  worship  within  the  distance  afore- 
said. 

Sec.  59.  Whoever  shall  violate  either  of  the  pro- 
visions of  the  foregoing  section  may  be  convicted 
summarily  before  any  justice  of  the  peace  of  the 
county,  or  any  mayor,  recorder,  alderman,  or  other 
magistrate  of  any  city  where  the  offense  shall  be 
committed,  and  on  such  conviction  shall  forfeit  a 
sum  not  exceeding  twenty-five  dollars,  for  the  bene- 
fit of  the  poor  of  the  county. 

Sec.  60.  It  shall  be  the  duty  of  all  sheriffs  and 
their  deputies,  coroners,  marshals,  constables,  and 
other  peace  officers,  who  may  be  present  at  the 
meetings  of  any  assembly  for  religious  worship 
which  shall  be  interrupted  or  disturbed  in  the  man- 
ner herein  prohibited,  to  apprehend  the  offender,  and 
take  him  before  some  justice  of  the  peace,  or  other 
magistrate  authorized  to  convict  as  aforesaid,  to  be 
proceeded  against  according  to  law. 


New  York,  203 

Sec.  61.  All  judges,  mayors,  recorders,  aldermen, 
and  justices  of  the  peace  within  their  respective  ju- 
risdictions, upon  their  own  view  of  any  person  of- 
fending against  the  provisions  of  this  article,  may 
order  the  offenders  into  the  custody  of  any  officer  in 
the  preceding  section  named,  or  of  any  official  mem- 
ber of  the  church  or  society  so  assembled  and  dis- 
turbed, for  safe  keeping  until  he  shall  be  let  to  bail, 
or  a  trial  of  such  offense  be  had. 

Sec.  62.  If  any  person  convicted  of  any  of  the 
offenses  herein  prohibited  shall  not  immediately  pay 
the  penalty  incurred,  with  the  costs  of  the  conviction, 
or  give  security  to  the  satisfaction  of  the  officer  be- 
fore whom  the  conviction  shall  be  had,  for  the  pay- 
ment of  said  penalty  and  costs  within  twenty  days 
thereafter,  he  shall  be  committed  by  warrant  to  the 
common  jail  of  the  county  until  the  same  be  paid,  or 
for  such  term,  not  exceeding  thirty  days,  as  shall  be 
specified  in  the  warrant. 

Sec.  63.  From  and  after  the  passage  of  this  act,  it 
shall  and  may  be  lawful  for  any  person  who  may  be 
complained  of  for  a  violation  of  any  of  the  provisions 
of  the  article  hereby  amended,  before  the  court  shall 
proceed  to  investigate  the  merits  of  the  cause,  to  de- 
mand of  such  court  that  he  may  be  tried  by  a  jury. 
Upon  such  demand,  it  shall  be  the  duty  of  such 
court  to  issue  a  venire  to  any  constable  of  the  county 
or  marshal  of  the  city  where  the  offense  is  to  be 
tried,  commanding  such  officer  to  summon  the  same 
number  of  jurors,  and  in  the  same  manner  as  is  pro- 
vided for  the  summoning  of  jurors  before  a  Court  of 
Special  Sessions.      The  said  court  shall  proceed  to 


204     Laws  Relating  to  Religious  Corporations, 

empanel  a  jury  for  the  trial  of  said  cause  in  the 
same  mannner,  and  shall  be  subject  to  all  the  rules 
and  regulations  prescribed  in  the  act  providing  for 
trials  by  jury  in  courts  of  Special  Sessions.  [1834, 
chap.  78.] 

Sec.  64.  In  addition  to  the  costs  allowed  by  law 
for  prosecution  under  the  article  hereby  amended, 
all  the  costs  consequent  upon  a  trial  by  jury  shall  be 
added,  and  paid  by  the  party  offending  in  case  of 
conviction,  and  shall  be  the  same  as  is  allowed  by 
law  in  civil  cases. 


Chapter  XXVI.— North  Carolina. 

(Battle's)  Public  Statutes,  15T3. -Chapter  101. 

Donations — Vacant  Lands — Societies  may  appoint  Trustees — How 
Removed — Penalties  for  Obstructing  the  way  to  Places  of  Worship — 
Exhibitions — Sale  of  Liquor — Quakers  may  wear  Hats  in  Court. 

Sec.  I.  All  glebes,  lands,  and  tenements  heretofore 
purchased,  given,  or  devised  for  the  support  of  any 
particular  ministry  or  mode  of  worship,  and  all 
churches  and  other  houses  built  for  the  purjjose  of 
public  worship,  and  all  lands  and  donations  of  any 
kind  of  property  or  estate  that  have  been  or  may  be 
given,  granted,  or  devised  to  any  church  or  religious 
denomination,  religious  society  or  congregation  within 
the  State  for  their  respective  use,  shall  be  and  remain 
forever  to  the  use  and  occupancy  of  that  church  or 
denomination,  society  or  congregation,  for  which  the 
said  glebes,  lands,   tenements,   property  and  estate 


North  Carolina.  205 

were  so  purchased,  given,  granted,  or  devised,  or  for 
which  the  said  churches,  chapels,  or  other  houses  of 
public  worship  were  built,  and  the  estate  therein  shall 
be  deemed  and  held  to  be  absolutely  vested,  as  between 
the  parties  thereto,  in  the  trustees  respectively  of  the 
said  churches,  denominations,  societies,  and  congre- 
gations for  their  several  use,  according  to  the  intent 
expressed  in  the  conveyance,  gift,  grant;  or  will  ;  and 
in  case  there  shall  be  no  trustees,  then  in  the  said 
churches,  denominations,  societies,  and  congregations 
respectively,  according  to  such  intent. 

Sec.  2.  All  houses  and  edifices  erected  for  public 
worship  on  vacant  lands,  or  on  lands  of  the  State,  not 
for  other  purposes  intended  or  appropriated,  together 
with  two  acres  adjoining  the  same,  shall  hereafter  be 
held  and  kept  sacred  for  divine  worship,  to  and  for 
the  use  of  the  society  by  which  the  same  was  origin- 
ally established. 

Sec.  3.  The  conference,  synod,  convention,  or  other 
ecclesiastical  body  representing  any  church  or  relig- 
ious denomination  within  the  State,  as  also  the  relig- 
ious societies  and  congregations  within  the  State,  may 
from  time  to  time,  and  at  any  time,  appoint  in  such 
manner  as  such  body,  society,  or  congregation  may 
deem  proper,  a  suitable  number  of  persons  as  trust- 
ees for  such  church,  denomination,  religious  society, 
or  congregation,  who  and  their  successors  shall  have 
power  to  receive  donations,  and  to  purchase,  take, 
and  hold  property,  real  and  personal,  in  trust  for 
such  church  or  denomination,  religious  society  or 
congregation  ;  provided,  however,  that,  besides  such 

lands  and  lots  as  may  be  especially  set  apart  and  ap- 
15 


2o6      Laws  Relating  to  Religious  Corporations. 

propriated  to  divine  worship,  no  church  or  denomina- 
tion, by  virtue  of  this  chapter,  shall  have  to  their  own 
use  lands  of  a  greater  yearly  value  than  six  thousand 
dollars  ;  and  no  single  congregation  or  society,  lands 
of  a  greater  yearly  value  than  four  hundred  dollars, 
and  said  lands  shall  be  subject  to  taxation. 

Sec.  4.  The  body  appointing  may  remove  such 
trustees,  or  any  of  them,  and  fill  all  vacancies  caused 
by  death  or  otherwise  ;  and  the  said  trustees  and 
their  successors  may  sue  and  be  sued  in  all  proper 
actions  for  or  on  account  of  the  donations  or  prop- 
erty so  held  or  claimed  by  them,  and  for  and  on  ac- 
count of  any  matter  relating  thereto,  and  they  shall 
be  accountable  to  the  said  churches,  denominations, 
societies,  and  congregations  for  the  use  and  manage- 
ment of  said  property,  and  shall  surrender  it  to  any 
person  authorized  to  demand  it. 

Sec.  5.  If  any  person  shall  maliciously  stop  up  or 
obstruct  the  way  leading  to  any  place  of  public  wor- 
ship, or  to  any  spring  or  well  commonly  used  by  the 
congregation,  he  shall,  for  every  such  offense,  forfeit 
and  pay  twenty  dollars. 

Sec.  6.  If  any  person  shall  bring  within  half  a  mile 
of  any  place  where  the  people  are  assembled  for  di- 
vine worship,  and  stop  for  exhibition,  any  stud  horse 
or  jackass,  or  shall  bring  within  that  distance  any 
natural  or  artificial  curiosities,  and  there  exhibit  them, 
he  shall  forfeit  and  pay,  to  any  one  who  will  warrant 
therefor,  the  sum  of  twenty  dollars  ;  provided,  that 
nothing  herein  contained  shall  be  construed  to  pro- 
hibit such  exhibitions  at  any  time  if  made  within  the 
limits  of  any  incorporated  town,  or  without  such  lim- 


North  Carolina.  207 

its,  if  made  before  the  hour  of  ten  o'clock  in  the  fore- 
noon, or  after  three  in  the  afternoon. 

Sec.  7.  No  person,  Ucensed  keepers  of  taverns  and 
retailers  excepted,  (and  they  only  when  they  shall  sell 
at  their  taverns  or  shops,)  during  the  progress  of  re- 
ligious exercises,  at  any  place  where  divine  service 
may  then  be  celebrated,  shall  sell  within  one  mile  of 
such  place  any  spirituous  liquor,  or  any  liquor  of 
which  spirituous  liquor  shall  be  the  chief  ingredient ; 
nor  shall  any  person,  the  keepers  of  licensed  stores 
only  excepted,  during  such  time,  and  within  that  dis- 
tance of  such  place,  be  engaged  in  the  occupation  of 
selling,  or  offering  to  sell,  any  article  of  traffic,  pre- 
pared food  and  provender  only  excepted  ;  and  if  any 
person  shall  offend  against  this  or  the  preceding  sec- 
tion, he  shall  forfeit  and  pay  to  any  one  who  will  war- 
rant therefor  the  sum  of  twenty  dollars. 

Sec.  8.  If  any  person  shall  be  intoxicated,  or  shall 
quarrel,  fight,  or  be  guilty  of  any  other  disorderly 
behavior,  at  a  church,  or  other  place  appointed  for 
divine  worship,  during  the  time  the  people  shall  be 
there  assembled  for  such  worship,  he  shall  for  each 
offense  forfeit  and  pay  twenty  dollars. 

Sec.  9.  The  penalties  incurred  for  offenses  created 
by  this  chapter  shall  be  for  the  use  of  the  poor  of 
the  county,  if  not  otherwise  provided ;  and  on  infor- 
mation thereof,  before  any  justice  of  the  peace  of  the 
county  wherein  they  may  be  committed,  he  shall 
issue  a  warrant  against  the  offender  for  the  penalty 
incurred ;  and  if  there  shall  be  an  appeal  from  the 
judgment  thereon,  the  case  shall  be  prosecuted  by 
the  proper  officer  of  the  State. 


2o8      Laws  Relating  to  Religious  Corporations. 

Sec.  10.  The  people  called  Quakers  may  wear 
their  hats  in  courts  of  judicature  or  elsewhere,  ac- 
cording to  the  custom  of  their  sect. 


Chapter  XXVII.— Ohio. 

Swan  and  Cliritchfield"s  Eevised  Statutes,  1870— Chapter  29. 

What  Societies  may  Incorporate — Certificates  to  be  Recorded — 
Repeal  of  Acts  of  1858  and  i860 — Sale  of  Real  Estate— Disturbance 
of  Religious  Meetings — Property  of  Disturbers  Forfeited. 

The  following  form  includes  the  amendments  passed 
January  26,  1865. 

Sec.  83.  That  from  and  after  the  passage  of  this 
act,  it  shall  be  lawful  for  any  religious  sect,  denomin- 
ation, or  association,  fire  company,  or  any  literary, 
scientific,  or  benevolent  association,  other-  than  col- 
leges, universities,  academies,  or  seminaries  within 
this  State,  or  having  a  central  or  principal  place  of 
meeting  or  business  therein,  to  elect,  at  a  meeting  of 
a  majority  of  any  organized  synod,  presbytery,  con- 
ference, convention,  church,  parish,  or  other  religious 
or  ministerial  association,  fire  company,  literary,  sci- 
entific, or  benevolent  association  as  aforesaid,  any 
number  of  their  members,  not  less  than  three,  to 
serve  as  trustees  or  directors,  who  shall  hold  their 
office  during  the  pleasure  of  the  society  or  associa- 
tion ;  provided,  that  when  any  such  synod,  presby- 
tery, conference,  convention,  church,  parish,  or  other 
religious  association  aforesaid,  has  heretofore  elected 
any  number  of  persons,  not  less  than  three,  to  serve 


Ohio.  209 

as  directors  or  trustees,  holding  their  office  during 
the  pleasure  of  such  society  or  association,  such  per- 
sons shall  be  invested  with  the  powers,  privileges, 
and  immunities  granted  by  the  provisions  of  this  act, 
upon  their  being  recorded  by  the  recorder  of  the 
proper  county,  a  proper  certificate  of  the  election  of 
such  persons,  and  the  corporate  name  given  to  the 
same  by  such  synod,  presbytery,  conference,  church, 
parish,  or  other  religious  association,  to  be  made  by 
its  clerk,  secretary,  or  other  like  officer,  together 
with  the  certificate  of  the  said  directors  or  trustees, 
or  a  majority  of  them,  of  their  acceptance  of  the  pro- 
visions of  this  act,  or  provided  that  where,  by  the  laws 
or  regulations  of  any  such  synod,  presbytery,  confer- 
ence, convention,  church,  parish,  or  other  association 
aforesaid,  now  or  hereafter  organized,  any  members 
thereof  less  than  three,  have  charge  of  property,  or 
concerns  thereof,  such  less  number  of  members,  and 
their  successors,  shall  be  invested  with  the  powers, 
privileges,  and  immunities  granted  to  three  trustees 
or  directors  by  the  provisions  of  this  act,  upon  their 
being  recorded  by  the  recorder  of  the  proper  county, 
the  proper  certificate  of  the  election  of  such  members 
and  the  corporate  name  adopted  by  such  synod,  pres- 
bytery, conference,  convention,  church,  parish,  or  other 
association  to  be  made  by  their  clerk,  secretary,  or 
other  like  officer. 

Sec.  84.  That  the  clerk,  secretary,  or  like  officer 
shall  make  a  true  record  of  the  proceedings  of  the 
meeting  provided  for  by  the  sixty-sixth  section  of  this 
act,  certify  and  deliver  the  same  to  the  recorder  of  the 
county  in  which  such  meeting  shall  be  held,  or  in  which 


210     Laws  Relating  to  Religions  Corporations. 

the  principal  property  of  such  church,  fire  company, 
synod,  presbytery,  conference,  convention,  parish,  or 
other  reHgious  or  benevolent  association  shall  be 
situated,  or  in  which  their  principal  enterprise  or 
business  is  carried  on,  together  with  the  name  by 
which  such  church,  fire  company,  synod,  presbytery, 
conference,  convention,  parish,  or  other  religious  or 
benevolent  association,  shall  thereafter  desire  to  be 
known  ;  and  it  shall  be  the  duty  of  such  county  re- 
corder in  this  State,  immediately  upon  the  receipt  of, 
such  certified  statement,  to  record  the  same  in  a 
book  of  record,  to  be  kept  by  him,  provided  for  that 
purpose,  at  the  expense  of  his  county,  for  which 
service  he  may  demand  and  receive  the  sum  of  ten 
cents  for  every  one  hundred  words ;  and  from  and 
after  making  such  record  by  the  county  recorder,  the 
said  trustees  or  directors,  and  their  associated  mem- 
bers and  successors,  shall  be  invested  with  the  pow- 
ers, privileges,  and  immunities  incident  to  aggregate 
corporations  ;  and  a  certified  transcript  of  the  record 
herein  authorized  to  be  made  by  the  county  re- 
corder shall  be  deemed  and  taken,  in  all  courts  and 
places  whatsoever  in  this  State,  as  evidence  of  the 
existence  of  such  association  and  corporation. 

Sec.  85.  The  trustees  or  directors,  who  may  be 
appointed  under  the  provisions  of  this  act,  and  their 
successors  in  office,  shall  have  perpetual  succession, 
by  such  name  as  may  be  designated,  and  by  such 
name  shall  be  legally  capable  of  contracting,  and  of 
prosecuting  and  defending  suits,  and  shall  have  ca- 
pacity to  acquire,  hold,  enjoy,  dispose  of,  and  convey 
all  property,  real  or  personal,  which  they  may  acquire 


Ohio.  211 

by  purchase,  donation,  or  otherwise,  for  the  purpose 
of  carrying  out  the  intentions  of  such  society  or  as- 
sociation, but  they  shall  not  acquire  or  hold  property 
for  any  other  purpose. 

Sec.  Z6.  That  such  society  or  association,  when 
incorporated,  may  elect  such  officers,  and  make  such 
rules  and  regulations,  as  may  be  necessary  and  ex- 
pedient, for  its  own  government,  and  the  manage- 
ment of  its  fiscal  and  other  affairs,  to  effect  the  re- 
spective objects. 

Sec.  %j.  That  if  said  board  of  trustees,  or  direc- 
tors, as  is  provided  for  by  the  sixty-sixth  section  of 
this  act,  shall  be  vacated,  either  in  whole  or  in  part, 
by  death,  resignation,  or  otherwise,  such  board  of  trust- 
ees, or  directors,  may  be  revived,  or  such  vacancy 
or  vacancies  filled,  in  the  manner  pointed  out  in  the 
sixty-sixth  section  of  this  act  for  the  original  organi- 
zation of  said  board,  or  in  the  manner  pointed  out  by 
the  laws  and  regulations  of  such  religious  or  benevo- 
lent association,  and  a  majority  of  said  trustees,  or 
directors,  shall  be  a  quorum  for  the  transaction  of 
business. 

Amendment  to  Act  of  March  24, 1860,  passed  April  3, 1866. 

Sec.  I.  That  the  first  and  second  sections  of  the 
above  act  be  so  amended  as  to  read  as  follows  : — 

Sec.  I.  That  whenever  any  religious  society  shall 
desire  to  sell  any  real  estate  that  may  have  been 
conveyed  to  such  society,  and  is  held  in  trust  for  a 
specified  religious  purpose,  it  shall  be  lawful  for  the 
trustees,  wardens,  and  vestry,  or  other  officers  in- 
trusted with  the  manao:ement  of  the  affairs  of  such 


2 1 2      Laivs  Relating  to  Religious  Corporations, 

society,  to  file  in  the  Court  of  Common  Pleas  of  the 
county  where  such  real  estate  may  be  situated,  a 
petition  stating  that  such  society  desires  to  make 
such  sale,  setting  forth  the  objects  of  such  sale  ;  and 
if,  upon  the  hearing  of  such  case,  it  shall  appear  that 
such  sale  is  desired  by  the  members  of  such  society, 
and  that  there  is  a  necessity  for  the  same,  the  court 
may  authorize  the  trustees,  or  other  officers  holding 
the  title  in  trust,  to  sell  said  real  estate,  in  such  man- 
ner, and  upon  such  terms,  as  the  court  may  deem 
reasonable. 

Sec.  2.  The  trustees,  or  other  officers,  authorized 
to  make  such  sale,  shall  make  return  thereof  to  the 
court,  ordering  the  same  at  such  time  as  the  court 
shall  order,  and  thereupon,  if  the  court  shall  be  satis- 
fied that  the  same  has  been  made,  in  all  respects, 
according  to  its  order,  and  that  the  proceeds  have 
been  invested  in  other  real  estate  for  the  use  of  such 
society,  or  otherwise  invested  or  disposed  of,  accord- 
ing to  the  wish  of  such  society,  the  said  sale  shall  be 
confirmed,  and  a  deed  authorized  to  be  made  to  the 
purchaser ;  provided,  that  the  provisions  of  this  act 
shall  not  extend  to  any  grounds  used  or  occupied  as 
burial  places  for  the  dead. 

Sec.  3.  That  sections  one  and  two  of  the  act  to 
which  this  is  an  amendment  be  and  the  same  are 
hereby  repealed. 

DISTURBING  RELIGIOUS   MEETINGS. 

Act  passed  April  12, 1S58. 

Sec.  I.  That  no  person  shall  sell,  or  expose  for 
sale,  give,  barter,  or  otherwise  dispose  of  in  any  way. 


Ohio,  2 1 3 

or  at  any  place,  any  spirituous  or  other  liquors,  or 
any  article  of  traffic  whatever,  at  or  within  the  dis- 
tance of  two  miles  from  the  place  where  any  relig- 
ious society,  or  assemblage  of  people,  are  collected,  or 
collecting  together  for  religious  worship,  in  any  field 
or  woodland ;  provided^  that  nothing  in  this  act  shall 
affect  tavern  keepers  exercising  their  calling,  nor 
distillers,  manufacturers,  or  others,  in  prosecuting 
their  regular  trades  at  their  places  of  business,  or 
any  persons  disposing  of  any  ordinary  articles  of 
provisions,  excepting  spirituous  liquors,  at  their  resi- 
dences, nor  any  person  having  a  written  permit  from 
the  trustees  or  managers  of  any  such  religious  so- 
ciety or  assemblage  to  sell  provisions  for  the  supply 
of  persons  attending  such  religious  worship,  their 
horses  or  cattle,  such  persons  acting  in  conformity  to 
the  regulations  of  said  religious  assembly  and  to  the 
laws  of  the  State. 

Sec.  2.  That  any  person  found  guilty  of  commit- 
ting a  breach  of  the  provisions  of  this  act  shall  for- 
feit and  pay  for  every  such  offense  a  fine  of  not  less 
than  ten  or  more  than  one  hundred  dollars  into  the 
township  treasury  for  the  use  of  the  common  schools 
in  said  township  where  said  offense  was  committed ; 
and  any  judge  of  the  Common  Pleas,  sheriff,  coroner, 
or  justice  of  the  peace  of  the  county,  or  any  consta- 
ble thereof,  shall,  upon  view  or  information,  and  with 
or  without  warrant,  apprehend  any  person  so  offend- 
ing, and  seize  all  such  hquors,  or  other  articles  of 
traffic,  and  the  utensils  or  furniture  containing  them, 
and  convey  them  before  a  justice  of  the  peace ;  and 
the  said  justice,  upon  the  complaint,  under  oath  or 


214      Laws  Relating  to  Religious  Corporations. 

affirmation,  of  said  officer  apprehending  such  offend- 
er, or  any  person  giving  information,  shall  issue  his 
warrant  of  arrest,  which  shall  be  formally  served  by 
the  proper  officer,  and  proceed  to  inquire  into  the 
truth  of  said  accusation,  and  if  found  true,  shall  pro- 
ceed to  bind  such  offender  in  such  amount,  not  ex- 
ceeding five  hundred  dollars,  as  he  shall  deem  proper, 
to  answer  at  the  next  regular  term  of  the  common 
pleas  in  said  county,  to  be  proceeded  with  by  indict- 
ment, the  fine  and  costs  to  be  collected  as  in  other 
criminal  cases  ;  provided,  that  if  such  defendant  or 
defendants  shall  plead  guilty,  said  justice  shall  affix 
the  penalty  and  proceed  to  judgment  ;  and  in  such 
case  he  shall  immediately  issue  an  execution  against 
the  property  and  body  of  the  defendant  or  defend- 
ants for  the  fine  and  costs,  unless  paid  or  secured ; 
and  said  defendant  or  defendants  shall  not  be  dis- 
charged until  said  judgment  and  costs  shall  be  fully 
paid,  or  secured  to  be  paid. 

Sec.  3.  That  in  any  prosecution  against  any  per- 
son or  persons  for  a  violation  of  the  provisions  of 
this  act,  if  the  defendant  or  defendants  shall  be  ac- 
quitted, he  or  they  shall  recover  of  the  person  or 
persons  filing  the  complaint  double  the  amount  of 
his  or  their  costs,  which  said  justice  shall  award. 

Sec.  4.  That  the  act  to  which  this  is  amendatory 
be  and  the  same  is  hereby  repealed. 


Oregon,  215 


Chapter  XXVI 1 1.  — Oregon. 

Laws  of  Oregon,  18T4. 

Societies  may  Incorporate — Articles,  where  Filed — Powers  of  the 
Corporation — Protestant  Episcopal  Church — Bishop,  Elder,  etc. — 
Religious  and  Charitable  Societies — Crimes  against  Public  Policy. 

Sec.  I.  That  whenever  any  church,  or  rehgious, 
benevolent,  literary,  or  charitable  society,  or  any 
society  which  shall  have  for  its  object  the  develop- 
ment of  the  physical  or  mental  capacities  of  its  mem- 
bers, shall  desire  to  incorporate  for  the  purpose  of 
carrying  out  the  object  of  said  church  or  society, 
they  may  do  so  in  the  manner  provided  in  this 
chapter. 

Sec.  2.  Three  or  more  of  the  officers  or  trustees 
of  said  church  or  society,  which  officers  or  trustees 
shall  have  been  duly  chosen,  elected,  or  appointed,  in 
accordance  with  the  usages  and  regulations  of  said 
church  or  society,  shall  make  and  subscribe  written 
articles  of  incorporation  in  duplicate,  and  acknowl- 
edge the  same  before  some  officer  authorized  to  take 
acknowledgments  of  deeds,  and  file  one  of  such  ar- 
ticles in  the  office  of  the  Secretary  of  State,  another 
in  the  clerk's  office  of  the  county  where  the  church 
or  society  is  located,  and  retain  the  third  in  the  pos- 
session of  the  corporation. 

Sec.  3.  The  articles  of  incorporation,  or  a  certified 
copy  of  the  one  filed  in  the  office  of  the  Secretary  of 
State  or  county  clerk,  shall  be  evidence  of  the  exist- 
ence of  such  incorporation. 

Sec.  4.  The  articles  of  incorporation  shall  specify : 


2i6     Laws  Rclati?ig  to  Religious  Corporations. 

1.  The  name  assumed  by  the  corporation,  and  by 
which  name  it  shall  be  known,  and  the  duration  of 
the  same  if  limited. 

2.  The  object,  or  business,  or  pursuit  of  said  cor- 
poration. 

3.  The  estimated  value  of  property  and    money - 
possessed  by  said  church  or  society  at  the  time  of 
making  said  articles  of  incorporation,  and  the  sources 
of  revenue  or  income. 

4.  The  title  of  the  officers  or  trustees  making  such 
articles,  and  the  mode  and  times  of  the  election  of 
their  successors  in  office. 

5.  The  location  of  said  church  or  society. 

Sec.  5.  Upon  the  making  and  filing  of  articles  of 
incorporation,  as  herein  provided,  the  persons  sub- 
scribing the  same,  and  their  successors  in  office, 
associates,  and  assigns,  by  the  name  assumed  in 
such  articles,  shall  thereafter  be  deemed  a  body  cor- 
porate, with  power, 

1.  To  sue  and  be  sued. 

2.  To  contract  and  be  contracted  with. 

3.  To  have  and  use  a  corporate  seal,  and  the  same 
to  change  at  pleasure. 

4.  To  purchase,  receive,  possess,  and  dispose  of 
such  real  and  personal  property  as  may  "be  neces- 
sary or  convenient  to  carry  out  the  object  of  said 
corporation. 

5.  To  make  by-laws,  not  inconsistent  with  any  ex- 
isting law,  for  the  government  of  its  affairs  and  the 
management  of  its  property. 

Sec.  6.  The  powers  vested  in  such  corporation  are 
exercised  by  the  corporators  and  their  successors  in 


Oregon.  217 

office ;  provided,  that  said  vested  powers  may  be  ex- 
ercised by  a  majority  of  said  corporators  or  succes- 
sors, and  an}^  one  of  said  corporators  or  successors 
may  verify  any  pleading  made  by  the  corporation, 
and  required  by  law  to  be  verified. 

Sec.  7.  No  corporation  formed  under  this  chapter 
shall  ever  hold  or  possess  property,  including  money 
and  assets,  amounting  in  value  to  more  than  five 
hundred  thousand  dollars,  and  any  corporation  vio- 
lating the  provisions  of  this  chapter  shall  forfeit  its 
corporate  rights. 

Sec.  8.  That  any  number  of  persons,  not  less  than 
three,  being  the  duly  appointed  or  elected  wardens 
and  vestrymen  of  the  Protestant  Episcopal  Church 
of  the  United  States  in  the  State  of  Oregon,  accord- 
ing to  the  canons,  rules,  and  regulations  of  said 
church,  may  become  incorporated  by  making,  ac- 
knowledging, and  filing  articles  of  incorporation  for 
such  purpose,  in  conformity  with  the  canons,  rules, 
and  regulations  of  said  church,  upon  the  organization 
and  incorporation  of  parishes,  and  the  provisions  of 
this  chapter,  and  upon  the  making  and  filing  of  such 
articles  of  incorporation  as  aforesaid,  such  wardens 
and  vestry-men,  and  their  successors  in  office,  shall, 
by  the  name  assumed  therein,  be  thereafter  taken 
and  deemed  a  body  corporate,  with  the  powers  pre- 
scribed and  mentioned  in  section  five  of  this  chapter. 
Sec.  9.  That  any  person  being  the  bishop,  over- 
seer, or  presiding  elder  of  any  church  or  religious 
denomination  in  this  State,  may,  in  conformity  with 
the  constitution,  canons,  rules,  regulations,  and  dis- 
cipline of  such  church  or  denomination,  become  a 


2 1 8     Laws  Relating  to  Religious  Corporations. 

corporation  sole  for  religious  and  educational  pur- 
poses in  the  manner  prescribed  in  this  chapter,  as 
nearly  as  may  be,  and  thereupon  said  bishop,  over- 
seer, or  presiding  elder,  as  the  case  may  be,  together 
with  his  successors  in  office  or  position,  by  his  official 
designation,  shall  be  held  and  deemed  to  be  a  body' 
corporate,  with  all  the  rights  and  powers,  and  sub- 
ject to  the  limitations  prescribed  in  this  chapter  in 
the  case  of  corporations  aggregate. 

Sec.  io.  That  the  provisions  of  this  chapter  shall 
be  so  construed  as  to  include  all  such  charitable  so- 
cieties as  have  heretofore  been  or  shall  hereafter  be 
composed  in  whole  or  in  part  of  married  women ;  and 
married  women  are  hereby  declared  eligible  to  hold 
offices  in  such  societies,  and  act  as  trustees  thereof, 
under  the  provisions  of  this  chapter,  the  same  as 
other  persons,  and  no  liability  shall  attach  to  the  hus- 
band of  any  such  married  woman  in  consequence  of 
any  act  resulting  from  such  official  position  by  his  wife. 

Sec.  II.*  That  incorporations  may  be  formed  for 
acquiring,  holding,  and  disposing  of  church  property, 
for  the  benefit  of  religion,  for  works  of  charity,  and  for 
public  worship,  in  the  manner  provided  in  this  chapter. 

Sec.  12.  One  or  more  of  the  principal  officers, 
trustees,  or  clergy  of  any  church,  who  shall  have 
been  duly  chosen,  elected,  or  appointed  in  accordance 
with  the  usages  and  regulations  of  such  church,  and 
authorized  to  act  for  the  church,  and  who  [in  whom] 
shall  be  vested  at  any  time  the  legal  title  of  the 
church  property,  may  make  and  subscribe  written 
articles  of  incorporation  in  duplicate,  and  acknowl- 

*  This  act  and  the  following  sections  took  effect  January  2i,  1873. 


Orego7i.  219 

edge  the  same  before  some  officer  authorized  to  take 
the  acknowledgment  of  deeds,  and  file  and  have  re- 
corded one  of  such  articles  in  the  office  of  the  Secre- 
tary of  State,  and  retain  possession  of  the  other. 

Sec.  13.  The  articles  shall  specify:  i.  The  name 
assumed  by  the  corporation,  and  by  which  it  shall  be 
known  ;  2.  The  object  of  said  corporation  ;  3.  The 
estimated  value  of  church  property  and  money  at  the 
time  of  making  articles  of  incorporation  ;  4.  The  title 
of  the  person  or  persons  making  such  articles,  and 
the  manner  and  time  in  which  the  successor  or  suc- 
cessors are  elected,  chosen,  or  appointed. 

Sec.  14.  Upon  the  making  and  filing  for  record 
articles  of  incorporation,  as  herein  provided,  the  per- 
son or  persons  subscribing  the  same,  and  his  or  their 
successor  or  successors  in  office,  by  name  or  title 
specified  in  the  articles,  shall  thereafter  be  deemed  a 
body  corporate,  with  continual,  perpetual  succession, 
and  shall  have  power  to  acquire  and  possess  by  do- 
nation, gift,  or  purchase,  and  to  retain  and  enjoy 
property,  real,  personal,  and  mixed,  and  the  same  to 
sell,  grant,  convey  or  rent,  or  otherwise  dispose  of  at 
pleasure ;  provided,  however,  that  no  part  of  the  re- 
sources of  said  corporation  shall  ever  be  used  for 
any  other  than  the  object  herein  named;  and  pro- 
vided, further,  that  no  corporation  formed  under  this 
act  shall  ever  hold  or  possess  property,  including 
money  and  assets,  amounting  in  value  to  more  than 
five  hundred  thousand  dollars. 

Sec.  15.  Such  corporations  shall  have  power  to  con- 
tract and  be  contracted  with,  to  sue  and  be  sued,  plead 
and  be  j^leaded  in  all  courts  of  justice,  and  to  have 


220      Laws  Relating  to  Religious  Corporations, 

and  use  a  common  seal,  by  which  all  deeds  and  acts 
of  such  corporation  shall  pass  and  be  authenticated. 

Sec.  1 6.  That  all  deeds  and  other  instruments  of 
writing  shall  be  signed  by  the  person  or  persons 
representing  the  corporation  in  the  official  capacity 
designated  in  the  articles  of  incorporation,  and  sealed 
with  the  seal  of  the  corporation,  and  an  impression  of 
which  seal  shall  be  filed  in  the  office  of  the  Secretary 
of  State ;  pivvided,  that  this  act  shall  not  have  the 
effect  to  repeal,  or  modify  in  any  particular,  the  act 
passed  October  24,  1864,  entitled  "An  act  for  the 
incorporation  of  churches,  and  religious  and  benevo- 
lent and  charitable  societies,"  nor  the  act  passed  at 
this  session  amendatory  of  the  same. 

Sec.  17.  The  articles  of  incorporation,  or  a  certi- 
fied copy  of  the  one  filed  and  recorded  in  the  office 
of  the  Secretary  of  State,  shall  be  evidence  of  the 
existence  of  such  corporation. 

Chapter  49,  Laws  of  1866. 
CRIMES    AGAINST   PUBLIC   POLICY. 

Sec.  651.  If  any  person  shall  willfully  disturb,  in- 
terrupt, or  disquiet  any  assembly  or  congregation  of 
people  met  for  religious  worship,  whether  in  a  house 
or  in  the  open  air,  by  either  uttering  any  profane 
discourse,  committing  any  rude  or  indecent  act,  or 
making  any  unnecessary  noise  within  the  place 
where  such  meeting  is  held,  or  so  near  to  it  as  to 
disturb  the  order  and  solemnity  thereof,  or  by  expos- 
ing for  sale,  or  gift,  any  intoxicating  liquors  or  drinks 
within  two  miles  of  the  place  where  any  such  assem- 
bly or  congregation  shall  be  actually  convened  for 


Oregon.  221 

religious  worship,  and  in  a  place  other  than  such  as 
shall  have  been  duly  licensed  therefor,  and  in  which 
such  person  shall  have  usually  resided  and  carried 
on  business,  such  person  upon  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  county  jail, 
not  less  than  one  month,  nor  more  than  six  months, 
or  by  fine,  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars. 


Chapter   X  X  I  X.  — P  e  n  n  s  y  1  v  a  n  i  a. 

Corporations :  (i.)  By  the  Supreme  Court ;  (2.)  By  the  Courts  of 
Common  Pleas;  (3.)  Courts  may  Amend  Charters  ;  (4.)  Dissolution 
of  Corporations — Disturbance  of  Camp-meetings — Other  Religious 
Gatherings. 

BY  THE  SUPREME  COURT. 

Sec.  I.  When  any  number  of  persons,  citizens  of 
this  Commonwealth,  are  associated,  or  mean  to  asso- 
ciate, for  any  literary,  charitable,  or  for  any  religious 
purpose,  and  shall  be  desirous  to  acquire  and  enjoy 
the  powers  and  immunities  of  a  corporation,  or  body 
politic  in  law,  it  shall  and  may  be  lawful  for  such  per- 
sons to  prepare  an  instrument  in  writing,  therein 
specifying  the  objects,  articles,  conditions,  and  names, 
style  and  title,  under  which  they  have  associated  or 
mean  to  associate,  and  the  same  to  exhibit  and  pre- 
sent to  the  attorney-general  of  the  Commonwealth  for 
the  time  being,  who  is  required  thereupon  to  peruse 
and  examine  the  said  instrument,  and,  after  such 
perusal  and  examination,  to  transmit  it,  with  the  cer- 
tificate thereon  indorsed,  testifying  his  opinions 
16 


222       Lazvs  Relating  to  Religious  Corporations. 

touching  the  lawfulness  of  the  objects,  articles,  and 
conditions  therein  set  forth  and  contained,  unto  the 
Supreme  Court  of  this  Commonwealth  ;  and  the  said 
court  is  hereby  also  required  thereupon  to  peruse  and 
examine  said  instrument,  and  to  transmit  it,  with  a 
certificate  thereon  indorsed,  testifying  also  the 
opinion  of  the  said  court  touching  the  lawfulness  of 
the  objects,  articles,  and  conditions  therein  set  forth 
and  contained,  unto  the  governor  of  the  Common- 
wealth ;  and  if  the  said  attorney-general,  and  the 
said  court,  shall  certify  their  opinion  as  aforesaid  to  be, 
that  the  objects,  articles,  and  conditions  in  such  in- 
strument set  forth  and  contained  are  lawful,  then  the 
said  governor  (but  not  otherwise)  shall  transmit  the 
same  [to  the  master  of  the  rolls]  with  an  order  thereon 
indorsed,  requiring  him  to  enroll  the  same,  at  the 
expense  of  the  applicants  ;  and  upon  the  enrollment 
thereof,  the  persons  so  associated,  or  meaning  to  as- 
sociate, shall,  according  to  the  objects,  articles,  and 
conditions  in  the  said  instrument  set  forth  and  con- 
tained, become  and  be  a  corporation  or  body  politic 
in  law  and  in  fact,  to  have  continuance  by  the  name, 
style,  and  title  in  such  instrument  provided  and  de- 
clared. 

Sec.  2.  As  often  as  the  corporations  established 
by  virtue  of  this  act,  and  the  successors  thereof  re- 
spectively, shall  be  desirous  of  improving,  amending, 
or  altering  the  articles  and  conditions  of  the  instru- 
ment upon  which  the  said  corporations,  respectively, 
are,  as  aforesaid  formed  and  established,  it  shall  and 
may  be  lawful  for  such  corporations  respectively,  in 
like    manner,  to  specify   the  improvements,  amend- 


Pen  nsylvan  ia.  223 

ments,  or  alterations  which  are  or  shall  be  desired, 
and  the  same  to  exhibit  and  present  to  the  attorney- 
general  and  Supreme  Court,  who  shall  in  like  manner 
successively  certify  their  opinion  to  the  governor  of 
this  Commonwealth  touching  the  lawfulness  of  such 
improvements,  amendments,  and  alterations  ;  and  the 
same  being  certified,  as  aforesaid,  to  be  lawful,  shall 
in  like  manner  be  directed  by  the  governor  to  be  en- 
rolled [by  the  master  of  the  rolls]  at  the  expense  of 
the  applicants  ;  and  upon  enrollment  thereof  shall  be 
taken  and  deemed  a  part  of  the  instrument  upon 
which  such  corporations  respectively  were  formed 
and  established,  to  all  intents  and  purposes,  as  if  the 
same  had  originally  made  a  part  thereof 

Sec.  3.  The  corporations  established  by  virtue  of 
this  act,  and  the  successors  thereof,  respectively,  shall 
have  full  power  and  authority  to  make,  have,  and  use 
one  common  seal,  with  such  device  and  inscription 
as  they  shall  respectively  deem  proper,  and  the  same 
to  break,  alter,  and  renew  at  their  pleasure ;  and  by 
the  name,  style,  and  title  by  them  respectively 
provided  and  declared  aforesaid,  shall  be  able  and 
capable  in  law  to  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  any  court  or  courts,  before  any  judge  or 
judges,  justice  or  justices,  in  all  manner  of  suits, 
complaints,  pleas,  causes,  matters  and  demands  what- 
soever, and  all  and  every  matter  or  thing  therein  to 
do,  in  as  full  and  effectual  a  manner  as  any  other  per- 
son or  persons,  bodies  politic  or  corporate  within  this 
Commonwealth,  may  or  can  do  ;  and  shall  be  author- 
ized and  empowered  to  make  rules,  by-laws,  and 
ordinances,   and  to  do  every  thing  needful  for  the 


224     Laivs  Relating  to  Religious  Corporations. 

good  government  and  support  of  the  affairs  of  the 
said  corporations  respectively ;  provided  always y 
that  the  said  by-laws,  rules,  and  ordinances,  or  any 
of  them,  be  not  repugnant  to  the  constitution,  and 
laws  of  the  United  States,  to  the  constitution  and 
laws  of  this  Commonwealth,  or  to  the  instrument  upon 
which  the  said  corporations  respectively,  are  as  afore- 
said formed  and  established. 

Sec.  4.  The  corporations  established  by  virtue  of 
this  act,  and  the  successors  thereof  respectively,  by 
the  name,  style,  and  title  by  them  respectively  pro- 
vided and  declared  as  aforesaid,  shall  be  able  and 
capable  in  law,  according  to  the  terms  and  conditions 
of  the  instrument  upon  which  the  said  corporations 
respectively  are  as  aforesaid  formed  and  established, 
to  take,  receive,  and  hold  all,  and  all  manner  of  lands, 
tenements,  rents,  annuities,  franchises,  and  heredit- 
aments, and  any  sum  and  sums  of  money,  and  any 
manner  or  portion  of  goods  and  chattels,  given  and 
bequeathed  unto  them  respectively,  to  be  employed 
ai;id  disposed  of  according  to  the  objects,  articles,  and 
conditions  of  the  instrument  upon  which  said  corpo- 
rations respectively  are,  as  aforesaid,  formed  and  es- 
tablished, or  according  to  the  articles  and  by-laws  of 
the  said  corporations  respectively,  or  of  the  will  and 
intention  of  the  owners. 

Sec.  5.  The  provisions  of  the  act  to  which  this  is 
a  supplement  be,  and  they  are  hereby  extended  to 
beneficial  societies  and  associations,  and  to  fire-en- 
gine and  hose  companies. 

Sec.  6.  The  limitation  contained  in  the  proviso  to 
the  fourth   section   of    the   act   to  which  this    is  a 


Pcnnsylvan  ia.  225 

supplement  be,  and  the  same  is  hereby  repealed  ; 
and  from  and  after  the  passage  of  this  act,  the  corpo- 
rations estabhshed  by  virtue  of  the  act  to  which  this 
is  a  supplement,  and  all  such  as  may  hereafter  be  es- 
tablished by  virtue  of  the  said  act,  and  the  present 
supplement,  and  the  successors  thereof,  respectively, 
shall  be  able  and  capable  in  law,  according  to  the 
terms  and  conditions  of  the  instrument  upon  which 
the  said  corporations  respectively  are,  as  aforesaid, 
formed  and  established,  to  take,  receive,  and  hold  all 
and  all  manner  of  lands,  tenements,  rents,  annuities, 
franchises,  and  hereditaments,  and  any  sum  and 
sums  of  money,  and  any  manner  and  portion  of 
goods  and  chattels  given  and  bequeathed  unto  them 
respectively,  to  be  employed  and  disposed  of  accord- 
ing to  the  objects,  articles,  and  conditions  of  the  in- 
strument upon  which  the  said  corporations  respect- 
ively are  as  aforesaid  formed  and  established,  or  ac- 
cording to  the  articles,  and  by-laws  of  the  said  cor- 
porations respectively,  or  of  the  will  and  intention  of 
the  donors. 

Sec.  7.  It  shall  be  lawful  for  any  association  of 
citizens,  authorized  to  obtain  a  charter  of  incorpora- 
tion from  any  court,  to  hold  real  estate  in  their  cor- 
porate capacity,  not  exceeding  in  the  whole  the  clear 
yearly  value  or  income  of  five  thousand  dollars. 

Sec.  8.  It  shall  be  the  duty  of  the  court,  in  grant- 
ing a  charter  of  incorporation  for  any  purpose,  to 
limit  the  yearly  income  of  such  corporation,  other 
than  from  real  estate,  to  such  sum  as,  in  the  opinion 
of  the  court,  will  not  be  injurious  or  prejudicial  to 
the  community. 


226     Laivs  Relating  to  Religious  Corporations, 

Sec.  9.  Any  corporation  established  by  virtue  of 
an  act  to  confer  on  certain  associations  of  citizens  of 
this  Commonwealth  the  powers  and  immunities  of 
corporations  or  bodies  politic  in  law,  passed  the  sixth 
day  of  April,  1791,  and  the  several  supplements 
thereto,  shall  have  the  power  to  take,  by  purchase  or 
otherwise,  and  hold  all  manner  of  lands,  tenements, 
and  hereditaments  in  the  same  manner,  and  subject 
to  the  same  limitations,  as  to  quantity  and  value,  as 
provided  by  law. 

Sec.  10.  It  shall  be  lawful  for  the  courts  to  permit 
married  women  to  be  incorporated  with  others  in 
any  institution  composed  of  women,  or  to  be  under 
their  management,  for  the  care  and  education  of 
children,  or  for  the  support  of  sick  or  indigent 
women. 

II.    BY   THE  COURTS  OF  COMMON   PLEAS. 

Sec.  II.  When  any  number  of  persons,  citizens  of 
this  Commonwealth,  are  associated,  or  mean  to  asso- 
ciate, for  any  literary,  charitable,  or  religious  pur- 
pose, or  for  the  purpose  of  forming  any  fire-engine  or 
hose  company,  or  beneficial  society  or  association, 
and  shall  be  desirous  to  acquire  and  enjoy  the 
powers  and  immunities  of  a  corporation  or  body 
politic  in  law,  it  shall  and  may  be  lawful  for  such 
persons  to  prepare  an  instrument  in  writing,  therein 
specifying  the  objects,  articles,  conditions,  and  name, 
style,  or  title  under  which  they  have  associated  or 
mean  to  associate,  and  the  same  to  exhibit  and  pre- 
sent to  the  Court  of  Common  Pleas  of  the  proper 
county  in  which  said  corporation  is  intended  to  be 


Pennsylvania,  227 

situated,  or  its  principal  business  transacted  ;  which 
said  court  is  hereby  required  to  peruse  and  examine 
said  instrument,  and  if  the  objects,  articles,  and  con- 
ditions therein  set  forth  and  contained  shall  appear 
lawful,  and  not  injurious  to  the  community,  said 
court  shall  direct  said  writing  to  be  filed  in  the  office 
of  the  prothonotary  of  said  court,  and  also  direct  no- 
tice to  be  inserted  in  one  newspaper,  printed  in  the 
proper  county,  for  at  least  three  weeks,  setting  forth 
that  an  appHcation  has  been  made  to  said  court  to 
grant  such  charter  of  incorporation,  and  if  no  suffi- 
cient reason  is  shown  to  the  contrary,  it  shall  be  law- 
ful for  the  said  court,  at  the  next  term  thereafter,  to 
decree  and  declare,  by  their  order  indorsed  on  said 
instrument,  attested  in  the  usual  manner  by  the 
prothonotary,  under  the  seal  of  said  court,  that  the 
persons  so  associated  shall,  according  to  the  articles 
and  conditions  in  said  instrument  set  forth  and  con- 
tained, become  and  be  a  corporation,  or  body  politic, 
and  further  direct  that  said  charter  of  incorporation 
shall  be  recorded  in  the  office  for  the  recording  of 
deeds  in  said  county ;  and  on  said  instrument  being 
so  recorded,  the  persons  so  associated,  or  meaning  to 
associate,  shall,  according  to  the  objects,  articles,  and 
conditions  in  said  instrument  set  forth  and  contained, 
become  and  be  a  corporation  or  body  politic  in  law 
and  in  fact,  to  have  continuance  by  the  name,  style, 
and  title  in  such  instrument  provided  and  declared. 

Sec.  12.  The  usual  fees  allowed  by  law  for  equal 
or  similar  services  shall  be  received  by  the  respective 
county  officers  under  the  provisions  of  this  act,  and 
all  the  expense  of  procuring  said  charter  of  incorpora- 


228     Lazus  Rclatmg  to  Religions  Corporations. 

tion  and  recording  the  same  shall  be  borne  by  the 
persons  applying  therefor ;  and  after  said  articles  of 
association  shall  be  recorded,  as  before  directed,  the 
same  shall  be  duly  certified  to  be  recorded  and  deliv- 
ered over  to  the  applicants,  and  a  copy  of  the  record 
duly  certified  shall  be  at  all  times  as  good  evidence 
as  the  original  might  or  could  be. 

Sec.  13.  The  third  section  of  the  act  of  the  sixth 
of  April,  1791,  entitled  ''An  act  to  confer  on  certain 
associations  of  the  citizens  of  this  Commonwealth  the 
powers  and  immunities  of  corporations  or  bodies 
politic  in  law,"  and  the  second  section  of  the  sup- 
plement thereto,  passed  the  eighth  day  of  April, 
1833,  be  and  the  same  are  hereby  extended  to  and 
made  a  part  of  this  act,  as  fully  as  though  the  same 
were  hereby  re-enacted,  and  all  corporations  to  be 
created  under  the  provisions  of  this  act  shall  be  sub- 
ject to  the  provisions  of  said  sections. 

Sec.  14.  Nothing  in  this  act  contained  shall  be 
construed  to  alter  or  change  the  jurisdiction  of  the 
Supreme  Court  of  this  State  in  relation  to  corpora- 
tions, but  the  same  shall  remain  as  heretofore. 

Sec.  15.  The  several  Courts  of  Common  Pleas  of 
this  Commonwealth  shall  have  power  and  authority 
to  grant  charters  of  incorporation  in  all  cases  in 
which  the  same  is  authorized  to  be  granted  under 
existing  laws  by  the  Supreme  Court  of  this  Common- 
wealth ;  and  the  associations  hereafter  incorporated 
under  the  laws  of  this  Commonwealth  may  be  author- 
ized to  hold  real  estate  to  an  amount,  the  clear  yearly 
value  or  income  whereof  shall  not  exceed  twenty 
thousand  dollars. 


Pennsylvania.  229 

Sec.  16.  All  charters  of  incorporation  which  have 
heretofore  been  granted  by  any  of  said  Courts  of 
Common  Pleas,  in  cases  wherein  the  said  supreme 
court  only  had  power  and  authority  to  grant  the 
same,  be  and  the  same  are  hereby  validated,  and 
made  of  the  same  force  and  effect  as  if  the  same  had 
been  granted  in  pursuance  of  authority  conferred 
upon  said  Courts  of  Common  Pleas. 

DISSOLUTION   OF   CORPORATIONS. 

It  shall  be  lawful  for  any  Court  of  Common  Pleas 
of  the  proper  county  to  hear  the  petition  of  any  cor- 
poration, under  the  seal  thereof,  by  and  with  the  con- 
sent of  a  majority  of  a  meeting  of  the  corporators, 
duly  convened,  praying  for  permission  to  surrender 
any  power  contained  in  its  charter,  or  for  the  disso- 
lution of  such  corporation ;  and  if  such  court  shall  be 
satisfied  that  the  prayer  of  such  petition  may  be 
granted  without  prejudice  to  the  public  welfare,  or 
the  interests  of  the  corporators,  the  court  may  enter 
a  decree  in  accordance  with  the  prayer  of  the  peti- 
tion, whereupon  such  power  shall  cease,  or  such  cor- 
poration be  dissolved  ;  provided,  that  the  surrender 
of  any  such  power  shall  not  in  anywise  remove  any 
limitation  or  restriction  in  such  charter,  and  that  the 
accounts  of  the  managers,  directors,  or  trustees  of 
any  dissolved  company  shall  be  settled  in  such  court, 
and  be  approved  thereby ;  and  dividends  of  the  ef- 
fects shall  be  made  among  any  corporators  entitled 
thereto,  as  in  the  case  of  the  accounts  of  assignees 
and  trustees  ;  provided,  further,  that  no  property  de- 
voted to  religious,  literary,  or  charitable  uses  shall 


230     Laws  Relating  to  Religious  Corporations. 

be  diverted  from  the  objects  for  which  they  were 
given  or  granted  ;  provided,  that  the  decree  of  said 
court  shall  not  go  into  effect  until  a  certified  copy 
thereof  be  filed  and  recorded  in  the  office  of  the  Sec- 
retary of  the  Commonwealth. 

RELIGIOUS   SOCIETIES. 

Grants  Confirmed — Power  to  Purchase  Lands — Liquors  not  to  be 
Sold  near  Places  of  Worship — No  Ecclesiastic  can  Transmit — Church 
Property  Subject  to  the  Control  of  Lay  Members — Gifts  within  One 
Month  of  the  Donor's  Decease  to  be  void. 

Sec.  I.  All  sales,  gifts,  or  grants  made  of  any 
lands  or  tenements  within  the  province  of  Pennsyl- 
vania to  any  person  or  persons  in  trust  for  sites 
of  churches,  houses  of  religious  worship,  schools, 
almshouses,  and  for  burying-grounds,  or  for  any  of 
them,  shall  be  and  are  hereby  ratified  and  confirmed 
to  the  person  or  persons  to  whom  the  same  were 
sold,  given,  or  granted,  their  heirs  and  assigns,  in 
trust  nevertheless,  and  for  the  use  of  the  respective 
religious  societies  for  whose  use  the  same  were  at 
first  sold,  given,  granted,  or  purchased,  according  to 
the  true  intent  and  meaning  of  such  gifts  and  grants. 
And  every  sale,  gift,  grant,  or  devise  of  any  such 
trustee  or  trustees,  or  any  person  or  persons  in 
whose  name  or  names  the  said  lands  for  erecting: 
chufl^hes,  houses  of  religious  worship,  schools,  alms- 
houses, or  burying-grounds  within  this  province,  were 
purchased,  taken,  or  accepted,  or  the  heirs  or  assigns 
of  such  trustees,  shall  be,  and  are  hereby  declared  to 
be,  for  the  sole  use,  benefit,  and  behoof  of  the  said 
respective  societies  who  have  been  in  the  peaceable 


Pennsylvania.  231 

possession  of  the  same  for  the  space  of  twenty-one 
years  next  before  the  tenth  day  of  June,  1730,  or  for 
whose  use  the  same  were  at  first  given,  granted,  or 
devised,  and  no  other. 

Sec.  2.  It  shall  and  may  be  lawful  for  any  relig- 
ious denomination  or  society  within  this  Common- 
wealth to  purchase,  take,  receive,  and  hold,  by  deed, 
gift,  grant,  or  otherwise,  lands  or  tenements  for  the 
purpose  of  burial-grounds,  churches,  parsonages, 
school-houses,  and  almshouses,  for  any  real  estate 
whatsoever,  and  to  have  and  hold  the  same,  accord- 
ing to  the  respective  rules  and  disciplinary  regula- 
tions of  said  religious  societies ;  provided,  that  noth- 
ing in  this  act  contained  shall  be  construed  to  permit 
any  religious  denomination  or  society,  or  any  person 
in  trust  for  them,  unless  specially  authorized  by  its 
charter,  to  purchase,  hold,  or  take  real  estate,  except 
for  the  purposes  aforesaid,  and  so  much  of  the  act  of 
the  sixth  of  February,  1730  and  1731,  entitled  "An 
act  for  the  enabling  religious  societies  of  Protestants 
within  this  province  to  purchase  lands  for  burying- 
grounds,  churches,  houses  of  worship,  schools,  and 
so  forth,"  as  is  inconsistent  herewith,  be  and  the 
same  is  hereby  repealed. 

Sec.  3.  The  registry  now  kept,  or  which  shall 
hereafter  be  kept,  by  any  religious  society  in  their 
respective  meeting  book  or  books,  of  any  marriage, 
birth,  or  burial  within  this  province,  or  territories 
thereof,  shall  be  held  good  and  authentic,  and  shall 
be  allowed  of  upon  all  occasions  whatsoever. 

Sec.  4.  It  shall  not  be  lawful  for  any  person  or 
persons  to  erect,  place,  or  have  any  booth,  stall,  tent, 


232      Laws  Relating  to  Religious  Corporations. 

carriage,  boat,  or  vessel,  or  any  other  place  whatever, 
for  the  purpose  or  use  of  selHng,  giving,  or  otherwise 
disposing  of  any  kind  of  articles  of  traffic,  spirituous 
liquors,  wine,  porter,  beer,  cider,  or  any  other  fer- 
mented, mixed,  or  strong  drink  (excepting  as  herein- 
after excepted)  within  three  miles  of  any  place  of 
religious  worship  in  this  State  during  the  time  of 
holding  any  meeting  for  religious  worship  at  such 
place. 

Sec.  5.  If  any  person  or  persons  shall  or  do  violate 
this  act  by  erecting,  fixing,  or  having  any  booth,  stall, 
tent,  carriage,  boat,  or  vessel,  or  other  place  for  the 
purpose  or  use  aforesaid,  or  by  selling,  bartering, 
giving,  or  otherwise  disposing  of  any  kind  of  articles 
of  traffic,  spirituous  liquors,  wine,  porter,  beer,  cider, 
or  other  fermented,  mixed,  or  strong  drink,  in,  at,  or 
about  any  such  booth,  stall,  carriage,  boat,  or  vessel, 
or  any  other  place  whatever,  prepared  or  used  for  the 
purpose  of  aforesaid,  within  three  miles  of  any  place 
of  religious  worship  during  the  time  of  holding  any 
meeting  for  religious  worship  at  such  place,  the  per- 
son or  persons  so  offending  shall  first  be  informed  of 
his,  her,  or  their  violation  of  this  act,  and  shall  be 
warned  by  any  justice  of  the  peace,  constable,  or  two 
freeholders  of  the  county  where  the  offense  is  or  shall 
have  been  committed,  to  desist  from  such  offense, 
and  to  remove  such  booth,  stall,  tent,  carriage,  boat, 
vessel,  or  other  thing,  together  with  all  such  articles 
of  traffic,  spirituous  liquors,  wine,  porter,  beer,  cider, 
or  other  strong  drink  belonging  to  or  in  the  posses- 
sion of  the  person  or  persons  so  offending ;  and  if 
such  person  or  persons,  on  receiving  such  information 


Pennsylvania.        '  233 

or  warning,  shall  forthwith  cease  to  offend  against 
this  act,  and  shall  remove  as  aforesaid,  at  least  three 
miles  from  such  place  of  religious  worship,  then  no 
further  proceedings  under  this  act  shall  be  had 
against  such  person  or  persons  ;  but  if  such  person 
or  persons  shall  refuse  to  or  neglect  immediately  to 
remove  as  aforesaid,  when  informed  and  warned  as 
aforesaid,  then  all  the  said  articles  of  traffic,  spirit- 
uous liquors,  wine,  porter,  beer,  cider,  and  other 
fermented,  mixed,  and  strong  drink,  and  all  the  ves- 
sels, chests,  and  other  things  containing  the  same, 
together  with  such  booth,  stall,  tent,  carriage,  boat,  or 
vessel,  or  other  place  prepared  and  used  for  the  pur- 
pose aforesaid,  shall  be  and  are  hereby  declared  to  be 
forfeited  ;  and  it  shall  be  lawful  for  any  justice  of  the 
peace  and  constable,  with  two  freeholders  of  the 
county,  to  seize  and  take  possession  of  all  or  any  part 
of  the  said  forfeited  articles  and  liquors,  together 
with  such  booth,  stall,  tent,  carriage,  boat,  and  ves- 
sel, and  at  any  time  within  ten  days  after  to  adver- 
tise and  sell  the  same,  and  after  deducting  and  paying 
the  necessary  and  lawful  expenses  of  such  seizure  and 
sale,  the  residue  of  the  proceeds  of  such  sale  or  sales 
shall  be  paid  to  the  overseers  of  the  poor  in  the  town- 
ship for  the  use  of  the  poor  of  the  county,  where  the 
support  of  the  poor  is  a  county  charge,  and  where  it 
is  a  township  charge,  to  the  poor  of  the  township 
where  such  offense  shall  have  been  committed. 

Sec.  6.  Nothing  in  this  act  shall  be  taken  or  con- 
strued so  as  to  affect  any  licensed  tavern-keeper  in 
his  or  her  ordinary  and  lawful  business,  at  his  or  her 
usual    place   of  residence,  specified    in    his   or   her 


234     Laws  Relating  to  Religious  Corporations, 

license,  nor  shall  it  be  so  taken  and  construed  as  to 
aftect  any  merchant,  shopkeeper,  farmer,  mechanic, 
or  other  person,  in  the  usual  and  lawful  transactions 
of  his,  her,  or  their  concerns  or  business,  in  their 
usual  place  of  doing  such  business,  nor  shall  it  be 
so  taken,  construed,  or  understood  as  to  affect  any 
person  or  persons  who  shall  have  a  permit  in  writing 
from  the  person  or  persons  having  the  oversight, 
charge,  and  management  of  any  such  meeting,  to  sell 
bread,  and  other  necessary  articles  of  food  for  man 
^nd  beast ;  provided^  the  conduct  of  persons  attend- 
ing such  meeting  shall  accord  with  the  lawful  rules 
and  regulations  of  such  meeting,  and  the  property  of 
such  persons  attending  such  religious  meeting  be  not 
of  the  description  forbidden  by  this  act. 

Sec.  7.  If  any  suit  or  action  shall  be  brought 
against  any  person  or  persons  for  doing,  or  causing 
to  be  done,  any  thing  in  pursuance  of  the  act  accord- 
ing to  the  provisions  thereof,  the  defendant  or  de- 
fendants may  plead  the  general  issue,  and  give  the 
special  matter  under  this  act  in  evidence  ;  and  if  in 
such  suit  or  action  a  verdict  and  judgment  shall  be 
given  for  the  defendant  or  defendants,  or  the  plaintiff 
shall  become  nonsuit  or  discontinue  his  action,  the 
defendant  or  defendants  shall  have  and  recover  double 
the  costs  of  suit. 

Sec.  8.  No  bishop,  or  other  ecclesiastic  in  any 
church,  shall  hereafter  hold  any  real  or  personal  es- 
tate in  this  Commonwealth,  with  a  capacity  to  trans- 
mit the  title  thereof  to  his  successor  in  office,  other- 
wise than  as  any  other  individual  holding  the  same 
in  his  private  or  natural  capacity  might  do  ;  and  any 


Pennsylvan  ia.  235 

law  conferring  such  capacity,  to  transmit  by  operation 
of  law  property  to  any  successor  in  any  ecclesiastical 
office,  is  hereby  repealed  ;  provided,  that  this  repeal 
shall  not  affect  the  validity  of  any  titles  now  held,  as 
aforesaid,  but  the  same  may  be  alienated,  or  devised, 
as  property  held  by  such  ecclesiastical  officer  in  his 
natural  capacity,  but  for  the  like  uses  and  trusts,  as  the 
same  would  be  subject  to  if  this  act  were  not  passed. 
Sec.  9.  Whenever  any  property,  real  or  personal, 
shall  hereafter  be  bequeathed,  devised,  or  conveyed 
to  any  ecclesiastical  corporation,  bishop,  ecclesiastic, 
or  other  person,  for  the  use  of  any  church,  congrega- 
tion, or  religious  society,  for  religious  worship,  or 
sepulture,  or  the  maintenance  of  either,  the  same 
shall  not  be  otherwise  taken  and  held,  or  inure,  than 
subject  to  the  control  and  disposition  of  the  lay 
members  of  such  church,  congregation,  or  religious 
society,  or  such  constituted  officers  or  representatives 
thereof,  as  shall  be  composed  of  a  majority  of  lay 
members,  citizens  of  Pennsylvania,  having  a  controll- 
ing power,  according  to  the  rules,  regulations,  usages, 
or  corporate  requirements  thereof,  so  far  as  consistent 
herewith  ;  and  no  charter  hereafter  granted,  by  any 
court,  for  any  church,  congregation,  or  religious  socie- 
ty, shall  be  valid,  without  requiring  such  property  to  be 
taken,  held,  and  to  inure,  subject  as  aforesaid,  except 
such  religious  society,  who  shall  be  composed  exclu- 
sively of  others  than  laymen,  may  have  trustees,  or 
corporators  of  the  same  description  of  persons  ;  pro- 
vided, that  it  shall  be  lawful  for  a  majority  of  the 
male  members,  of  lawful  age,  of  any  unincorporated 
church,  congregation,  or  religious  society,  to  choose 


2i6     Lazvs  Relating  to  Religious  Corporations. 

for  their  trustee  or  trustees  any  other  person  or  per- 
sons than  a  layman,  and  whenever  not  previously 
declared,  to  declare  the  manner  in  which  the  title  to 
their  trust  property  shall  be  held  and  conveyed, 
and  upon  due  proof  of  such  consent,  any  court  hav- 
ing jurisdiction  over  trusts  may  direct  the  legal  title 
to  be  conveyed  accordingly ;  but  nothing  herein  con- 
tained shall  authorize  the  diversion  of  any  property 
from  the  purposes,  uses,  and  trusts  to  which  it  may 
have  been  heretofore  lawfully  dedicated,  or  to  which 
it  may  hereafter,  consistently  herewith,  be  lawfully 
dedicated  ;  and  provided^  that  no  alien  shall  hereafter 
acquire  and  hold,  either  as  trustee  or  in  his  own 
right,  real  estate  of  a  greater  annual  value  than  is 
hereby  limited  to  be  held  by  a  corporation. 

Sec.  10.  No  estate,  real  or  personal,  shall  here- 
after be  bequeathed,  devised,  or  conveyed  to  any 
body  politic,  or  to  any  person,  in  trust  for  religious 
or  charitable  uses,  except  the  same  be  done  by  deed 
or  will,  attested  by  two  credible  and,  at  the  time,  dis- 
interested witnesses,  at  least  one  calendar  month  be- 
fore the  decease  of  the  testator  or  alienor ;  and  all 
dispositions  of  property  contrary  hereto  shall  be 
void,  and  go  to  the  residuary  legatee  or  devisee,  next 
of  kin  or  heirs,  according  to  law ;  provided,  that  any 
disposition  of  property  within  said  period,  bona  fide 
made  for  a  fair  valuable  consideration,  shall  not  be 
hereby  avoided. 

Sec.  II.  All  dispositions  of  property  hereafter 
made  to  religious,  charitable,  literary,  or  scientific 
uses,  and  all  incorporations  or  associations  formed 
for  such  objects,  shall  be  taken  to  have  been  made 


Pennsylvania.  237 

and  formed  under  and  in  subordination  to  all  the 
duties  and  requisitions  of  this  act,  as  rules  of  prop- 
erty, and  laws  for  their  government. 

Sec.  12.  All  property  hereafter  acquired  and  held 
by  persons,  corporations,  or  associations,  forbidden 
by  this  act  to  hold  the  same,  or  held  contrary  to  the 
intent  of  this  act,  and  all  such  hereafter  acquired, 
and  held  beyond  the  limit  prescribed  as  aforesaid  by 
this  act,  shall  escheat  to  this  Commonwealth ;  and 
upon  the  same  being  adjudged  to  have  escheated, 
under  proceedings  in  court,  by  quo  warranto,  in  all 
respects  as  is  provided  by  law  in  the  case  of  the 
usurpation  of  any  corporate  franchise,  the  same  shall 
be  taken  in  possession  and  disposed  of,  and  with  the 
like  compensation  to  the  person  or  persons  inform- 
ing, and  procuring  the  inquisition,  as  in  cases  of 
property  escheated  for  defect  of  heirs  ;  provided,  that 
no  property  now  held,  or  hereafter  lawfully  acquired, 
shall  afterward  become  defeasible  in  title  by  reason 
of  any  subsequent  rise  in  the  value  thereof;  but 
such  rise,  after  it  shall  occur,  shall  be  taken  into 
view,  to  preclude  a  further  acquisition,  and  holding 
beyond  the  limit  aforesaid ;  and  provided,  that  the 
Legislature  may  relieve,  upon  such  terms  as  may  be 
deemed  just  and  for  the  public  good,  from  any  forfeit- 
ure as  aforesaid,  upon  the  payment  to  the  party  in- 
forming or  prosecuting,  his  actual  expenses,  and  such 
further  reasonable  compensation  as  the  Legislature 
may  prescribe. 

Sec.  13.  It  shall  be  the  duty  of  the  auditor-gen- 
eral, whenever  he  shall  have  reason  to  believe  that 

any  property  shall  be  defeasibly  held,  and  liable,  upon 
17 


238      Laws  Relating  to  Religions  Corporations. 

office  found,  to  accrue  to  the  treasury,  or  that  the  in- 
come of  any  corporation  or  association  as  aforesaid, 
shall  exceed  the  limit  allowed  by  law,  to  call  upon 
any,  and  all  officers  or  trustees  thereof,  to  make, 
within  thirty  days,  a  true  return  and  exhibit  of  all 
their  property,  and  the  annual  income  thereof ;  and 
if  no  return  be  made  Vv^ithin  such  time,  or  the  same 
be  unsatisfactory  to  him,  it  shall  be  further  his  duty 
to  cause  to  be  filed  a  bill  of  discovery  in  the  Supreme 
Court,  or  in  any  court  of  the  proper  county  having 
equity  jurisdiction,  against  the  officers  or  trustees  of 
any  such  corporation  or  association,  which  the  de- 
fendants therein  shall  answer  under  the  compulsion 
usual  in  such  cases  ;  and  their  answers  may  be  used 
in  any  proceeding  to  assert  the  rights  of  the  Common- 
wealth. 


Chapter  XXX.— South  Carolina. 

Protestant  Episcopal  Church — Methodist  Episcopal  Church — 
African  Methodist  Episcopal  Church — Any  Society  may  Incorporate 
— Disturbing  Religious  Meeting. 

Eevised  Statutes— 1873.    Chapter  64. 

Sec.  41.  That  hereafter,  when  any  male  adults, 
being  not  less  than  twelve  in  number  in  this  State, 
shall  desire  to  associate  themselves  together  for  the 
purpose  of  forming  a  church,  according  to  the  doc- 
trine, discipline,  and  worship  of  the  Protestant  Epis- 
copal Church  in  this  State,  they  shall  be  allowed  to 
do  so,  by  filing  with  the  clerk  of  the  Court  of  Com- 
mon Pleas  and  General  Sessions,  for  the  county  in 
which   said   applicants    reside,   a  written  statement 


South  Carolina.  239 

of  such  purpose  and  intention,  signed  by  them  and 
setting  forth  the  name  of  their  church,  and  the  style  of 
their  corporation,  which  statement  shall  be  recorded  in 
the  said  clerk's  office,  and  on  receiving  the  certificate 
thereof  they  shall  become  a  body  corporate  for  the 
purpose  aforesaid,  and  shall  be  known  by  the  name 
and  style  designated  in  their  said  written  statement. 

Sec.  42.  The  said  corporations  shall,  by  their  re- 
spective corporate  names,  have  succession  of  officers 
and  members,  according  to  their  respective  by-laws, 
and  shall  have  power  to  make  all  by-laws  and  regula- 
tions for  their  government  not  repugnant  to  the  laws 
of  South  Carolina,  or  the  constitution,  canons,  and 
other  regulations  of  the  Protestant  Episcopal  Church 
in  the  same  ;  to  have  and  to  keep  and  use  a  common 
seal,  and  the  same  to  alter  at  will ;  to  sue  and  be 
sued,  plead  and  be  impleaded,  in  any  court  in  this 
State,  each  to  have  and  enjoy  every  right  incident  to 
incorporations. 

Sec.  43.  They  shall  also  be  empowered,  severally, 
to  retain,  possess,  and  enjoy  all  such  property,  real  or 
personal,  as  they  may  respectively  be  possessed  of, 
or  in  any  wise  entitled  unto,  or  which  shall  hereafter 
be  given  or  bequeathed  to,  or  in  any  way  acquired 
by  them,  and  to  sell,  alien,  and  in  any  way  transfer 
the  same,  or  any  part  thereof. 

Sec.  44.  Any  congregation  of  the  Protestant 
Episcopal  Church,  already  incorporated  in  South 
Carolina,  may,  on  expiration  of  their  charter,  or  at  any 
time  before,  if  they  see  proper  to  surrender  their 
charter,  become  a  body  politic  and  corporate  under 
provisions  of   section  forty-one  to  forty-three,  inclu- 


240     Laws  Relating  to  Religious  Corporations. 

sive,  of  this  chapter,  by  making  known  their  inten- 
tions to  do  so,  according  to  the  provisions  of  the 
forty-first  section  thereof. 

Sec.  45.  Charters  secured  or  renewed,  under  sec- 
tions forty-one  to  forty-four,  inclusive,  shall  be  per- 
petual, subject,  however,  to  the  power  of  the  General 
Assembly  to  repeal  or  alter  the  same. 

Sec.  46.  That  the  Methodist  Episcopal  Church 
of  the  United  States  is  authorized  to  organize  re- 
ligious societies  and  churches  in  this  State,  in  ac- 
cordance with  the  rules  and  requirements  of  the  Dis- 
cipline of  said  church. 

Sec.  47.  Whenever  five  or  more  persons  are  as- 
sociated, being  organized  and  appointed  trustees 
of  the  Methodist  Episcopal  Church,  according  to  the 
Discipline  thereof,  they  shall  be  a  body  politic  with 
powers  and  privileges  incident  to  a  corporation  for 
religious  purposes. 

Sec.  48.  Such  trustees  shall  have  succession  of 
officers,  as  provided  by  said  church's  Discipline  ;  may 
receive,  hold,  and  manage  all  the  property,  both  real 
and  personal,  belonging  to  said  society  or  church, 
and  hold  in  trust,  gifts,  grants,  bequests,  or  dona- 
tions, made  to  such  society  or  church  for  the  support 
of  public  worship  and  other  religious  purposes,  being 
governed  in  their  official  action  by  the  Discipline  of 
said  Methodist  Episcopal  Church. 

Sec  49.  Each  society  or  church  so  organized  shall, 
at  their  organization,  draw  up  a  statement  of  the 
same,  setting  forth  the  facts,  signed  by  the  chairman 
and  secretary,  which  statement  shall  be  recorded  in 
the  office  of  the  county  clerk. 


South  Carolina.  241 

Sec.  50.  That  the  African  Methodist  Episcopal 
Church  in  this  State  is  hereby  incorporated,  with  all 
the  rights  and  privileges  awarded  to  religious  de- 
nominations within  this  State. 

Sec.  51.  The  said  African  Methodist  Episcopal 
Church  shall  exercise  and  enforce  its  Discipline,  in 
accordance  with  the  regulations  of  the  same,  within 
any  branches  of  the  said  church  within  this  State 
established,  and  shall  be  protected  in  law  in  the 
same ;  and  all  property  acquired  by  the  said  church 
shall  be  held  by  them  according  to  the  form  of 
deeds  designated  Uy  their  discipline  and  mode  of 
government. 

Sec.  52.  The  said  church  may  acquire  lands  witliin 
this  State  for  religious  and  educational  purposes, 
and  regulate  and  govern  the  same  as  they  may  deem 
proper,  in  accordance  with  their  law  and  discipline, 
such  laws  not  being  inconsistent  with  the  laws  of 
the  State. 

Sec.  53.  That  seven  or  more  persons  within  this 
State  having  associated  themselves,  by  agreement  in 
writing,  for  educational,  charitable,  or  religious  pur- 
poses, under  any  name  by  them  assumed,  and  com- 
plying with  the  provisions  of  the  four  following 
sections,  shall,  with  their  successors,  be  and  remain  a 
body  politic  and  corporate. 

Sec.  54.  The  purpose  of  such  corporation,  and  the 
place  within  which  it  is  established  or  located,  shall 
be  distinctly  specified  in  its  articles  of  association, 
which  articles,  and  all  amendments  thereto,  shall  be 
recorded  in  the  office  of  the  register  of  mesne  con- 
veyances for  the  county  wherein  such  place  is  situated, 


242     Laws  Relating  to  Religions  Corporations. 

and  such  corporations  shall  appropriate  its  funds  to 
no  other  purpose. 

Sec.  55.  Such  corporation  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  the  duties,  liabili- 
ties, and  restrictions  set  forth  in  sections  one  to 
thirty-eight,  relating  to  the  formation  of  mechanical, 
mining,  quarrying,  and  manufacturing  corporations, 
so  far  as  the  same  may  be  applicable. 

Sec.  56.  Such  corporations  may  hold  real  and 
personal  estate,  necessary  for  the  purposes  of  their 
organization,  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars.  •• 

Sec.  57.  Their  estate  shall  not  be  exempt  from 
taxation  in  any  case  where  part  of  the  income  or 
profits  of  their  business  is  divided  among  members 
or  stockholders,  or  where  any  portion  of  such  estate 
is  used  or  appropriated  for  other  than  educational, 
charitable,  or  religious  purposes. 

Laws  of  1873. 

Sec.  281.  That  if  any  person  shall  willfully  and 
maliciously  disturb  or  interrupt  any  meeting,  society, 
assembly,  or  congregation  convened  for  the  purpose 
of  religious  worship,  or  shall  enter  such  meeting  while 
in  a  state  of  intoxication,  or  shall  use  or  sell  spiritu- 
ous liquors,  or  use  blasphemous  language  at  or  near 
the  place  of  meeting,  such  person  shall  be  guilty  of 
a  misdemeanor,  and  shall,  on  conviction,  be  sen- 
tenced to  pay  a  fine  of  not  less  than  twenty  or  more 
than  one  hundred  dollars,  or  be  imprisoned  for  a 
term  not  exceeding  one  year,  or  less  than  thirty 
days,  or  both,  or  either,  at  the  discretion  of  the  court. 


Tennessee,  243 


Chapter   X  X  X  I.  — T  e  nn  e  s  s  e  e 

Eevised  Statutes  of  1873— Title  10,  chapter  1. 

Religious  Society — How  to  Take  and  Hold  Land — Title  Vested  in 
Trustees — Obstructing  way  to  Places  of  Worship — Disturbance — 
Selling  Liquors. 

1467.  Any  number  of  persons,  not  less  than  five, 
desirous  of  becoming  incorporated  for  purposes  of 
education  or  learning,  may  elect  trustees,  not  less 
than  three  nor  more  than  nine,  who  shall  make  a 
memorandum  in  writing,  within  thirty  days  after 
such  election,  stating  the  corporate  name  selected, 
the  names  of  the  trustees,  the  length  of  time  for 
which  they  are  elected,  and  the  purposes  of  the  pro- 
posed incorporation. 

1469.  The  members  of  any  church  or  religious 
society,  or  proprietors  of  any  place  of  burial,  wishing 
to  become  incorporated,  may,  in  like  manner,  by  the 
election  of  trustees,  and  the  execution  by  them  of  a 
similar  memorandum,  proved,  registered,  and  filed, 
as  aforesaid,  be  created  a  body  corporate  for  the 
period  specified  not  exceeding  fifty  years. 

1472.  Corporations  created  under  this  article  may 
hold  real  and  personal  property  not  exceeding  in 
value  fifty  thousand  dollars  ;  may  receive  property 
by  gift,  will,  or  devise,  holding  the  same  for  the  pur- 
poses of  their  incorporation,  with  all  the  lawful  con- 
ditions imposed  by  the  donor ;  and  may  exercise  such 
powers  as  are  incident  to  private  corporations. 

1508.  Any  religious  denomination  or  society, 
whether  incorporated  or  not,  may  take  by  deed  or 


244    Laws  Relating  to  Religious  Corporatio?is. 

otherwise,  and  hold,  not  exceeding  five  acres  of  land 
at  one  place  for  purposes  of  public  worship. 

1509.  All  lands  bought,  or  otherwise  acquired  by 
any  religious  denomination  or  society,  shall  be  vested 
in  a  board  of  trustees  or  other  persons  designated  by 
the  members  of  such  denomination  or  society  for  the 
use  and  benefit  thereof. 

1 5 10.  Any  person  who  obstructs  the  way  to  or 
from  a  place  of  public  worship,  or  to  the  spring  or 
wells  used  thereat,  so  as  to  prevent  access,  forfeits 
twenty  dollars,  one  half  to  the  use  of  the  county,  the 
other  half  to  the  person  suing  therefor. 

15 1 1.  All  justices  of  the  peace,  sherifis,  coroners, 
and  constables,  are  required  to  arrest  immediately 
any  person,  in  their  knowledge  or  observation,  dis- 
turbing a  congregation  assembled  for  public  worship, 
or  violating  any  rule  or  regulation  adopted  by  such 
denomination  for  their  own  government,  or  the  pres- 
ervation of  good  order.  Such  person  shall  be  fined 
by  the  justice  before  whom  brought  not  exceeding 
five  dollars,  or  be  bound  over  for  his  appearance  at 
court,  to  be  proceeded  against  as  a  rioter  for  the 
ofiense. 


Chapter  XXXII.— Texas. 

Paschal's  Laws  of  Texas,  1873— Title,  Churches. 

Who  may  Incorporate — Meetings — How  Called — Vacancies — Taxa- 
tion Laws  of  1874 — Criminal  Code. 

Sec.  I.  That  from  and  after  the  passage  of  this 
act,  it  shall  be  lawful  for  any  denomination  of  Chris- 
tians, or  the  citizens  of  any  neighborhood   in   this 


Texas,  245 

republic,  to  appoint  a  board  or  boards  of  trustees 
for  meeting-houses,  camp  grounds,  parsonages,  and 
school-houses. 

Sec.  2.  That  each  denomination  shall  be  allowed 
to  adopt  its  own  method  of  appointing  trustees,  and 
that  when  the  citizens  of  any  neighborhood  shall  feel 
disposed  to  build  a  school-house,  a  public  meeting  of 
the  citizens  shall  be  called  by  giving  at  least  ten  days' 
previous  notice ;  said  meeting  shall  choose  a  presi- 
dent and  secretary  for  the  time  being,  and  when  the 
meeting  is  so  organized,  they  shall  proceed  to  elect 
by  a  majority  of  votes,  in  the  manner  they  may  think 
best,  a  suitable  number  of  trustees,  not  less  than 
three  nor  more  than  nine,  and  a  certificate  of  their 
election  shall  be  made  out  and  signed  by  the  presi- 
dent and  secretary  of  the  meeting,  and  shall,  within 
sixty  days  thereafter,  be  forwarded  to  the  office  of 
recorder  for  the  county  in  which  such  election  shall 
have  taken  place ;  and  in  case  an  appointment  of 
trustees  shall  be  made  by  any  church  or  denomina- 
tion of  Christians,  a  like  certificate  of  their  appoint- 
ment shall  be  made  out  and  signed  by  the  proper 
officer  or  officers  of  the  church  or  denomination 
making  the  appointment,  and  be  forwarded  for  rec- 
ord as  above  specified. 

Sec.  3.  That  all  vacancies  in  boards  of  trustees 
shall  be  filled  by  each  body  having  jurisdiction  in 
the  case ;  pivvidcd,  that  when  a  board  of  trustees 
shall  be  dissolved  by  death,  resignation,  or  otherwise, 
it  shall  be  lawful  for  the  party  having  jurisdiction  in 
the  case  to  appoint  a  new  board  of  trustees,  as  pro- 
vided for  by  the  first  section  of  this  act. 


246     Lazus  Relating  to  Religious  Corporations. 

Sec.  4.  That  when  a  board  of  trustees  shall  be  so 
constituted,  they  shall  be  considered  in  law  and 
equity  a  body  politic  and  corporate,  capable  of  mak- 
ing contracts,  of  suing  and  being  sued,  of  pleading 
and  being  impleaded,  of  receiving  and  holding  (in 
trust)  lands  and  other  propert}^  for  the  purpose  of 
building  meeting-houses,  camp  grounds,  parsonages, 
or  school-houses,  as  the  case  may  be,  for  the  use  and 
benefit  of  the  church  or  people  appointing  them  ; 
and  in  all  cases  said  trustees  shall  be  accountable  to 
the  power  appointing  them  for  the  faithful  perform- 
ance of  their  duty ;  and  it  shall  be  lawful  for  those 
having  jurisdiction  to  remove  them  from  office  at  any 
time  for  delinquent  conduct. 

Sec.  5.  That  all  lands  (not  exceeding  ten  acres  in 
each  case)  held  by  such  trustees  for  any  one  or  all 
the  purposes  above  named,  together  with  the  build- 
ings, improvements,  and  furniture  belonging  to  the 
same,  shall  be  held  free  from  taxation  until  the  Legis- 
lature shall  otherwise  direct. 

Sec.  6.  That  all  lands  or  other  property  heretofore 
conveyed  to  any  church  or  denomination  of  Chris- 
tians, or  association  of  the  people  for  the  purposes 
above  named,  shall  enjoy  all  the  benefits  of  this  act ; 
provided,  the  amount  of  lands  exempt  from  taxation 
shall  not  exceed  ten  acres  in  each  case. 

Sec.  7.  That  it  shall  be  the  duty  of  the  president 
of  the  trustees,  as  contemplated  by  this  act,  to  give 
in  the  lands  or  other  property  for  taxation  belonging 
to  such  trustees,  under  oath,  except  such  as  are 
exempt  by  tliis  act ;  and  the  right  is  hereby  reserved 
to  the  Legislature  to  make  such  alterations,  modifica- 


Texas.  247 

tions,  or  restrictions  of  this  act  as  may  seem  to  it  to 
comport  with  the  pubUc  interest. 

PaschaFs  Laws  of  Texas,  1S74. 

Sec.  I.  Any  reHgious  society,  military  or  fire  com- 
pany, Hterary,  social,  charitable,  or  benevolent  asso- 
ciation, other  than  colleges,  universities,  academies, 
or  seminaries,  or  any  grand  or  subordinate  lodge  of, 
or  other  order  of  Free  and  Accepted  Masons,  or  of 
the  Independent  Order  of  Odd  Fellows,  may,  by  the 
consent  of  a  majority  of  its  members,  become  bodies 
corporate  under  this  act,  by  filing  the  charter  re- 
quired by  this  act,  electing  directors  or  trustees,  and 
performing  the  things  as  are  directed  in  the  case  of 
other  corporations ;  and  when  so  organized  shall 
have  all  the  powers  and  privileges,  and  be  subject  to 
all  the  restrictions  in  this  act  contained  for  the  ob- 
jects named  in  the  charter,  and  shall  have  the  same 
power  to  make  by-laws  for  the  regulation  of  their 
affairs  as  other  corporations.  Such  directors  or  trust- 
ees shall  not  usurp  or  exercise  the  functions  of  the 
officers  in  charge  of  the  spiritual  affairs  of  any 
society. 

Sec.  2.  No  religious,  literary,  social,  scientific,  in- 
dustrial, benevolent,  or  other  society,  association, 
company,  corporation,  or  institution  that  does  not 
have  a  capital  stock,  will  be  required  in  its  charter  to 
make  any  statement  of  the  amount  of  capital  stock 
or  amount  of  each  share  ;  but  such  charter,  if  it  con- 
tains the  other  statements  therein  required,  and  also 
an  estimate  of  the  value  of  the  goods,  chattels,  lands, 
rights,  and  credits,  owned  by  the  corporation,  will  be 
sufficient. 


248     Laws  Relating  to  Religions  Corporations. 

Criminal  Code,  Title  9. 

Art.  1904.  Any  person  who,  by  loud  or  vociferous 
talking  or  swearing,  or  by  any  other  noise,  willfully 
disturbs  any  congregation  assembled  for  religious 
worship,  and  conducting  themselves  in  a  lawful  man- 
ner, whatever  may  be  the  religion  professed  by  such 
congregation,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  in  any  sum  not  less 
than  twenty-five  nor  more  than  one  hundred  dol- 
lars, and  may  be  imprisoned  in  the  county  jail  not 
exceeding  thirty  days,  at  the  discretion  of  the  jury. 

Art.  1905.  If  complaint  be  made  to  any  magis- 
trate that  a  person  has  committed  the  offense  men- 
tioned in  the  preceding  article,  he  may  be,  at  the  dis- 
cretion of  the  magistrate,  bound  over  to  keep  the 
peace,  and  to  refrain  from  any  like  disturbance  for  a 
term  of  one  year. 

Art.  1906.  Double  the  fine  prescribed  in  article 
1904  shall  be  imposed  for  any  subsequent  offense 
of  the  same  kind. 


Vermont,  249 


Chapter    XXX  I  I  I.— V  e  r  m  o  n  t. 

General  Statutes— Edition  of  1870.    Chapter  90. 

Associations  Authorized — May  Adopt  Corporate  Name  and  By- 
Law — Powers — Stewards  may  hold  Land  in  Trust — Disturbance  of 
Camp-meeting,  etc. 

Sec.  I.  Any  number  of  persons  may  associate  to- 
gether and  have  all  the  powers  of  a  corporation  for 
either  of  the  following  purposes  : — 

First.  For  the  support  of  the  Gospel,  and  the 
maintenance  of  public  worship. 

Second.  To  procure,  hold,  and  keep  in  repair  a 
house  of  public  worship. 

TJiird.  To  procure,  hold,  and  keep  in  repair  a  par- 
sonage, the  use  and  avails  of  which  shall  be  appro- 
priate to  the  support  of  public  worship. 

Fourth.  To  provide,  hold,  and  keep  in  repair  suit- 
able grounds  and  other  conveniences  for  burying 
the  dead ;  and  any  one  association  may  embrace  one 
or  more,  or  all  the  four  objects  above  mentioned  in 
this  section.  .  .  . 

Tenth.  For  the  purpose  of  raising,  receiving,  hold- 
ing, and  appropriating  funds  to  assist  indigent  church- 
es in  employing  and  sustaining  preachers  of  the 
Gospel. 

Eleventh.  To  aid  indigent  widows  and  orphans  of 
deceased  ministers  of  the  Gospel. 

Twelfth.  For  the  purpose  of  establishing  and  sus- 
taining libraries  for  Sabbath-schools,  district  schools, 
and  for  the  use  of  pastors  and  ministers  of  the  Gos- 
pel, and  for  any  purpose  of  intellectual  or  moral  im- 
provement. 


250   Laws  Relating  to  Religious  Corporations, 

Sec.  2.  Such  associations  shall  be  formed  by  writ- 
ten articles  subscribed  by  the  members,  and  specify- 
ing the  object  of  the  associations,  and  the  conditions 
on  which  they  are  formed. 

Sec.  3.  The  first  meeting  shall  be  notified,  or- 
ganized, and  held,  in  the  manner  prescribed  in  the 
articles  of  association. 

Sec.  4.  Any  such  association  may  adopt  a  corpo- 
rate name,  either  in  the  original  articles,  or  by  vote 
at  the  first  meeting ;  and  may,  at  any  regular  meet- 
ing, adopt  a  corporate  seal,  and  alter  the  same  at 
pleasure. 

Sec.  5.  An}*  such  corporation  when  organized  may 
adopt  all  such  by-laws  and  regulations  as  may  be 
thought  expedient. 

Sec.  6.  Such  corporations,  when  organized,  shall 
be  capable  to  sue  and  be  sued,  to  appear,  prosecute, 
and  defend  to  final  judgment  and  execution,  in  any 
court  of  law  or  equity  or  elsewhere,  and  may  purchase 
and  hold  all  the  real  and  personal  estate  which  shall 
be  necessary  to  promote  the  association,  and  which 
shall  be  exclusively  devoted  to  that  object. 

METHODIST   EPISCOPAL   CHURCH. 

Sec.  I.  The  stewards  of  the  several  circuits  and 
stations  of  the  Methodist  Episcopal  Church,  and  their 
successors  in  that  office,  are  empowered  to  hold  in 
trust  for  such  Methodist  Episcopal  Church  all  lands 
which  have  been  deeded  under  any  previous  law, 
or  which  may  be  deeded  under  the  provisions  of 
this  chapter,  on  which  meeting  houses,  churches, 
or    chapels    for    religious    worship,    and    parsonage 


Vermont.  251 

houses,  have  been  or  may  be  erected,  and  such 
other  lands  appurtenant  thereto,  as  may  be  necessary 
for  the  use  of  such  houses  of  worship,  or  parsonage 
houses  ;  but  the  stewards  of  any  one  station  or  cir- 
cuit shall  not  be  empowered  to  hold  more  than  two 
acres  of  land  for  the  use  of  any  one  house  of  wor- 
ship, nor  more  than  fifteen  acres  for  any  one  par- 
sonage. 

Sec.  2.  Such  stewards,  and  their  successors  in 
office,  may  convey,  by  deed  or  otherwise,  any  real 
estate  which  they  are  authorized  by  the  preceding 
section  to  hold  ;  provided  they  shall,  previous  thereto, 
obtain  the  approbation  by  vote  of  two  thirds  of  the 
members  of  some  Quarterly  Meeting  Conference  in 
the  circuit  or  station  where  such  estate  is  situated. 

Sec.  3.  Such  stewards,  and  their  successors  in 
office,  are  hereby  authorized  to  erect  within  their  re- 
spective circuits,  upon  grounds  used  and  occupied 
for  the  purposes  of  camp-meetings,  under  the  usages 
of  said  church,  boarding  tents  for  the  accommodation 
of  such  persons  as  may  attend  such  meetings,  and 
furnish  therein  board  and  lodging  during  the  holding 
of  said  meetings. 

PROTESTANT   EPISCOPAL   CHURCH. 
Act  passed  November  19,  1S63. 

Sec.  I.  The  wardens  and  vestry-men  of  any  parish 
of  the  Protestant  Episcopal  Church  in  this  State, 
duly  elected  according  to  the  canons  and  usages  of 
said  church,  and  their  successors  in  office,  are  hereby 
endowed  with  corporate  powers  with  perpetuity,  and 
empowered  to  take  and  hold  by  gift  or  purchase,  or 


252      Laws  Relating  to  Religious  Corporations, 

otherwise,  any  real  estate  or  personal  property,  to 
provide  for  or  to  support  religious  worship,  or  for 
church  sites,  or  buildings,  or  parsonages. 

Sec.  2.  Such  wardens  and  vestry-men,  by  unani- 
mous consent,  and  when  empowered  so  to  do  by  a 
majority  vote,  at  the  annual  meeting  of  the  parish,  or 
one  called  for  that  purpose,  are  authorized  to  sell  and 
convey  any  real  or  personal  estate  which  now  be- 
belongs  to  any  parish,  or  may  be  hereafter  acquired  ; 
and  may  by  vote,  duly  recorded,  authorize  one  of 
their  number  to  convey  such  property. 

Sec.  3.  This  act  shall  take  effect  from  its 
passage. 

ESTATE    FOR    RELIGIOUS    PURPOSES. 

Sec.  I.  No  grant,  conveyance,  devise,  or  lease  of 
personal  or  real  estate  to,  nor  any  trust  of,  such  per- 
sonal or  real  estate  for  the  benefit  of  any  person  and 
his  successor  or  successors  in  any  ecclesiastical  office, 
shall  vest  any  estate  or  interest  in  such  person  or  his 
successor  ;  and  no  grant,  conveyance,  devise,  or  lease 
to  or  for  any  such  person  by  the  designation  of  any 
such  office,  shall  vest  any  estate  or  interest  in  any 
successor  of  such  person.  But  this  section  shall  not 
be  deemed  to  admit  the  validity  of  any  such  grant, 
conveyance,  devise,  or  lease  heretofore  made. 

Sec.  2.  No  future  grant,  conveyance,  devise,  or 
lease  of  any  real  estate  consecrated,  dedicated,  or 
appropriated,  or  intended  to  be  consecrated,  dedi- 
cated, or  appropriated  to  tlie  purpose  of  religious 
worship,  for  the  use  of  any  congregation  or  society, 
shall  vest  any  right,  title,  or  interest  in   any  person 


Vermont.  253 

or  persons  to  whom  such  grant,  conveyance,  devise, 
or  lease  may  be  made,  unless  the  same  shall  be 
made  to  a  corporation  organized  for  the  support  of 
the  Gospel  and  the  maintenance  of  public  worship, 
or  to  procure,  hold,  and  keep  in  repair,  a  house  of 
public  worship,  according  to  the  provisions  of  the 
first  section  of  chapter  ninety  of  the  general  statutes. 
But  nothing  herein  contained  shall  prevent  any  such 
corporation  from  conveying  such  property  on  a  bona- 
fide  sale  thereof,  under  the  direction  of  a  court  of 
competent  jurisdiction  to  confer  such  authority  ac- 
cording to  the  laws  of  this  State. 

Sec.  3.  Any  real  estate  of  the  description  named 
in  section  second  of  this  chapter,  and  which  has  been 
heretofore  granted,  devised,  or  demised  to  any  person 
or  persons  in  any  ecclesiastical  office  or  orders  by 
the  designation  of  such  office  or  orders,  or  otherwise, 
shall  be  deemed  to  be  held  in  trust  for  the  benefit  of 
the  congregation  or  the  society  using  the  same,  and 
shall,  unless  previously  conveyed  to  a  corporation,  as 
provided  in  the  last  preceding  section,  upon  the  death 
of  the  person  or  persons  to  whom  the  legal  title  shall 
be  vested  at  the  time  of  the  passage  of  this  chapter, 
vest  in  the  religious  corporation  formed  by  the  con- 
gregation or  religious  society  occupying  and  enjoying 
such  real  estate  as  aforesaid  ;  provided,  such  a  cor- 
poration, organized  according  to  the  laws  of  this 
Sta.te,  shall  be  in  existence  at  the  time  of  the  de- 
cease of  the  person  or  persons  holding  the  title 
thereto. 

Sec.  4.  In  the  event  such  congregation  or  society 

shall  not  be  incorporated  as  aforesaid,  then  and  in 
18 


254      Laws  Relating  to  Religions  Corporations, 

that  case  the  title  of  such  real  estate  shall  vest  in  the 
people  of  the  State  of  Vermont. 

Sec.  5.  Whenever  title  to  any  real  estate  shall  vest 
in  the  people  of  Ihe  State  of  Vermont  under  and  by 
virtue  of  the  last  preceding  section,  it  shall  be  under 
the  charge  of  the  governor  of  this  State  ;  and  it  shall 
be  his  duty,  and  he  is  hereby  authorized,  upon  his 
being  satisfied  that  the  congregation  or  society  which 
had  used,  occupied,  or  enjoyed  such  real  estate  for 
purposes  of  religious  worship,  prior  to  the  death  of 
the  person  or  persons  on  whose  decease  the  title 
thereto  vested  in  this  State,  has  duly  become  a  cor- 
poration, under  and  according  to  the  provisions  of 
chapter  ninety  of  the  general  statutes  aforesaid,  and 
upon  the  production  to  him  of  a  true  copy  of  the 
articles  of  association  and  by-laws,  if  any  there  be,  of 
said  corporation,  certified  and  sworn  to  by  the  presid- 
ing and  recording  officer  of  said  corporation,  to  grant 
and  convey  such  real  estate,  and  all  the  rights,  title, 
and  interest  of  the  people  of  the  State  of  Vermont 
therein  and  thereto  to  said  corporation,  which  shall 
thereupon  be  vested  with  all  the  rights,  title,  and 
interest  therein,  and  thereto,  which  became  vested  in 
the  State  by  virtue  of  the  provisions  of  the  fourth 
section  of  this  chapter. 

Sec.  6.  This  chapter  shall  not  be  construed  as  re- 
pealing, or  in  any  way  affecting,  sections  thirteen  and 
fourteen  of  chapter  ninety  of  the  general  statutes 
aforesaid. 


Vermont,  255 

Chapter  93. 
DISTURBANCE  OF  RELIGIOUS  MEETINGS. 

Sec.  5.  If  any  person  on  the  first  day  of  the  week, 
or  on  any  other  day  or  time,  shall  willfully  disturb 
or  interrupt  any  assembly  of  people  met  together 
for  religious  worship,  or  religious  instruction,  by 
noisy,  rude,  or  indecent  behavior,  or  by  profane  dis- 
course, either  within  or  about  the  place  where  such 
assembly  shall  be  collected  for  religious  worship  or 
instruction,  so  near  as  to  disturb  the  order  and  so- 
lemnity of  such  assembly,  he  shall  be  punished  by  a 
fine  not  exceeding  forty  dollars,  nor  less  than  five 
dollars,  to  the  use  of  the  town  in  which  said  meetings 
shall  be  held. 

Sec.  6.  Every  justice,  sheriff,  and  deputy  sheriff  of 
the  county,  and  every  constable  and  grand  juror  in 
the  town  in  which  any  such  meeting  is  held,  being 
present,  may,  without  warrant,  upon  view,  arrest  any 
person  so  making  disturbance  as  aforesaid,  and  de- 
tain such  person  in  custody  during  the  time  of  such 
meeting,  or  until  a  trial  of  such  offense  shall  be  had ; 
and  all  such  justices,  sheriffs,  and  deputy  sheriffs, 
constables,  and  grand  jurors,  shall  have  the  same 
power  to  command  assistance  in  the  execution  of 
the  aforesaid  duties  as  sheriffs  by  law  have  ;  and  all 
persons  being  so  commanded,  who  shall  refuse  to 
obey  such  command,  shall  be  subject  to  the  same 
penalties  as  persons  who  refuse  to  assist  sheriffs  in 
the  discharge  of  their  office  and  duty. 

Sec.  7.  If  any  person  shall,  within  two  miles  of 
any  place  where  any  camp-meeting  is  held  for  relig- 
ious worship,   and  during  the  continuance   of  such 


256     Laws  Relating  to  Religious  Corporations. 

meeting,  sell,  or  offer  for  sale,  any  kind  of  spirits  or 
spirituous  liquors,  or  exhibit  any  shows  or  plays,  or 
shall  promote  or  aid  any  horse-racing,  or  gaming  of 
any  description,  or  shall,  during  the  continuance  of 
such  meeting,  sell,  or  offer  for  sale,  any  victuals, 
drink,  or  merchandise,  within  two  miles  of  the  place 
of  holding  such  meeting,  he  shall  be  punished  by  a 
fine  not  exceeding  forty  dollars,  nor  less  than  five 
dollars,  to  the  use  of  the  town  in  which  such  meet- 
ing is  held  ;  provided,  however,  that  nothing  in  this 
section  shall  be  construed  to  prevent  licensed  retail- 
ers, inn-keepers,  or  any  other  person,  from  pursuing 
their  ordinary  business  at  their  usual  place  of  doing 
business,  nor  to  prevent  any  person  from  selling  vict- 
uals in  his  own  house. 

Sec.  8.  It  shall  be  the  duty  of  grand  jurors  and 
constables,  in  their  respective  towns,  to  make  due 
presentment  of  all  offenses  against  the  provisions  of 
this  chapter. 

Sec.  9.  All  prosecutions  for  the  breach  of  any  of 
the  provisions  of  this  chapter  shall  be  commenced 
within  thirty  days  after  the  commission  of  the  offense, 
and  not  after. 


Virginia  and  West  Virginia,  257 


Chapter  XXXIV.— Virginia  and  West  Virginia.* 

Code  of  West  Virginia,  186S.— Cliapter  57. 

Conveyances  to  be  Legalized — Trustees  Appointed  by  Circuit  Court 
— Limit  to  Land  Held — Real  Estate  may  be  Sold. 

Sec.  I.  Every  conveyance,  devise,  or  dedication 
which  has  been  made  since  the  first  day  of  January, 
I  yyj,  and  every  conveyance  which  shall  hereafter  be 
made,  of  land  for  the  use  or  benefit  of  any  religious 
congregation  as  a  place  of  worship,  or  as  a  burial- 
place,  or  a  residence  for  a  minister,  shall  be  valid  ; 
and  the  land  shall  be  held  for  such  use  or  benefit, 
and  for  such  purpose,  and  not  otherwise. 

Sec.  2.  The  Circuit  Court  of  the  county  wherein 
such  land,  or  the  greater  part  thereof,  may  lie,  may, 
on  application  of  the  proper  authorities  of  such  con- 
gregation, from  time  to  time,  appoint  trustees  either 
when  there  were,  or  are,  none,  or  in  place  ^f  former 
trustees,  and  change  those  so  appointed  whenever  it 
may  appear  to  the  court  proper  to  efiect  or  promote 
the  purpose  of  the  conveyance,  devise,  or  dedication  ; 
and  the  legal  title  to  such  land  shall,  for  that  purpose, 
be  vested  in  the  said  trustees  for  the  time  being,  and 
their  successors. 

Sec.  3.  When  books  or  furniture  shall  be  given  or 
acquired  for  the  benefit  of  such  congregation,  to  be 
used  on  the  said  land  in  the  ceremonies  of  public 
worship,  or  at  the  residence  of  their  minister,  the 
same  shall  stand  vested  in  the  trustees  having  the 

*  The  laws  of  these  States  are  identical. 


258      Laivs  Relating  to  Religions  Corporations. 

legal  title  to  the  land,  to  be  held  by  them  as  the  land 
is  held,  for  the  benefit  of  the  congregation. 

Sec.  4.  The  said  trustees  may,  in  their  own  names, 
sue  for  and  recover  such  land  and  property,  and  be 
sued  in  relation  thereto.  Such  suit,  notwithstanding 
the  death  of  any  of  the  said  trustees,  or  appointment 
of  others,  shall  proceed  in  the  name  of  the  trustees 
by  or  against  whom  it  was  instituted. 

Sec.  5.  Such  trustees  shall  not  take  or  hold  at  any 
one  time  more  than  two  acres  of  land  in  an  incorpo- 
rated town,  nor  more  than  thirty  acres  out  of  such 
town. 

Sec.  6.  Whenever  any  religious  congregation,  be- 
nevolent or  literary  association,  for  whose  use  a  con- 
veyance, devise,  or  dedication  of  land  has  been  law- 
fully made,  shall  deem  their  interest  will  be  pro- 
moted by  a  sale  of  such  land,  it  shall  be  lawful  for 
any  member  of  such  congregation,  benevolent  or 
literary  association,  in  his  name,  and  on  behalf  of  the 
other  members  thereof,  to  prosecute  a  suit  in  equity 
for  that  purpose  in  the  Circuit  Court  of  the  county 
in  which  such  land,  or  the  greater  part,  may  be, 
against  the  trustees,  or  the  successors  of  them  in 
whom  the  legal  title  may  be ;  and  it  shall  be  lawful 
for  such  court,  if  a  proper  case  be  made,  and  the 
court  be  of  opinion  that  the  rights  of  others  will  not 
be  violated  thereby,  to  order  a  sale  of  such  land,  and 
make  such  disposition  of  the  proceeds  thereof  as  the 
congregation  or  benevolent  or  literary  association 
may  devise.  The  trustees  of  any  religious  congrega- 
tion, or  benevolent  or  literary  association,  may  bor- 
row money  for  the  use  of  such  congregation  or  asso- 


Virginia  and  Wi:st  Virginia.  259 

ciation,  and  execute  a  lien  upon  any  property  owned 
by  them  to  secure  the  payment  thereof. 

Chapter  149. 
DISTURBANCE    OF    RELIGIOUS    WORSHIP. 

Sec.  1 8.  If  a  person  willfully  interrupt  or  disturb 
any  assembly  met  for  the  worship  of  God,  he  shall 
be  confined  in  jail  not  more  than  six  months,  and 
fined  not  exceeding  one  hundred  dollars  ;  and  a  jus- 
tice may  put  him  under  restraint  during  reHgious 
worship,  and  bind  him,  for  not  more  than  one  year, 
to  be  of  good  behavior. 

Sec.  19,  If  any  person  shall  erect,  or  have  any 
booth,  stall,  tent,  carriage,  boat,  vehicle,  or  other 
contrivance  whatever,  for  the  purpose  of  selling,  giv- 
ing, or  otherwise  disposing  of  any  spirituous  or  fer- 
mented liquors,  or  any  other  articles  of  traffic  therein, 
or  shall  sell,  give,  barter,  or  otherwise  dispose  of  any 
spirituous  or  fermented  liquors,  or  any  other  article 
of  traffic,  within  two  miles  of  any  camp-meeting,  or 
other  place  of  religious  worship,  during  the  time  of 
holding  any  such  meeting  at  such  place,  such  per- 
son, on  conviction  before  a  justice,  for  the  first  of- 
fense shall  be  fined  not  exceeding  ten  dollars,  and 
for  the  second  offense  shall  be  fined  as  aforesaid,  and 
be  imprisoned  not  more  than  ten  days. 


26o    Laws  Relating  to  Religious  Corporations, 


Chapter    XXX V,— Wisconsin. 

Taylor's  Kevised  Statutes,  1872 —Chapter  66. 

Trustees,  how  Elected — Notification  of  Elections — Who  Preside 
at  Elections — Powers  of  Trustees — Classification — Qualification  of 
Voters — Proceedings  for  Sale  of  Real  Estate — Churches  may  be 
Re-incorporated  if  Dissolved — Offenses. 

Sec.  I.  It  shall  be  lawful  for  all  persons  of  full  age 
belonging  to  any  church,  congregation,  or  religious 
society  not  already  incorporated,  to  assemble  at  the 
church  or  meeting-house,  or  other  place  where  they 
statedly  attend  for  divine  worship,  and  by  a  majority 
of  votes  elect  any  number  of  discreet  persons  of  the 
church,  congregation,  or  religious  society,  not  less 
than  three  nor  more  than  nine  in  number,  as  trust- 
ees (a  majority  of  whom  shall  in  all  cases  be  actual 
communicants  of  such  church,  congregation,  or  re- 
ligious society)  to  take  charge  of  the  estate  and  prop- 
erty belonging  thereto,  and  to  transact  all  affairs  rela- 
tive to  the  temporalities  thereof. 

Sec.  2.  It  shall  be  lawful  for  any  church,  congre- 
gation, or  religious  society  to  choose  their  minister 
to  be  the  president  of  the  said  corporation,  and  of 
their  meetings,  by  a  vote  as  aforesaid  ;  and  at  the 
election  provided  for  in  this  chapter  every  person  of 
full  age  who  has  statedly  worshiped  with  said  church, 
congregation,  or  society,  and  has  been  formerly  con- 
sidered as  belonging  thereto,  shall  be  entitled  to  a 
vote. 

Sec.  3.  The  minister  of  such  congregation  or  so- 
ciety, or,  in  case  of  his  death  or  absence,  one  of  the 


Wisconsin.  261 

elders  or  deacons,  church-wardens,  or  vestry-men 
thereof,  and  for  want  of  such  officers,  any  other  per- 
son, being  a  member  or  stated  hearer  in  such  church, 
congregation,  or  society,  shall  publicly  notify  the  con- 
gregation of  the  time  when,  and  the  place  where,  the 
said  election  shall  be  held,  at  least  fifteen  days  before 
the  election,  and  such  notification  shall  be  given  for 
two  successive  Sabbaths,  on  which  such  church,  con- 
gregation, or  society  shall  statedly  meet  for  public 
worship  preceding  the  election. 

Sec.  4.  Any  two  of  the  elders,  deacons,  church- 
wardens, or  vestry-men  of  such  church,  congregation, 
or  society,  or  if  such  officer  be  not  present,  then  any 
two  voters  present,  to  be  nominated  by  a  majority  of 
the  voters,  shall  preside  at  such  election,  receive  the 
votes,  and  determine  the  qualifications  of  voters,  and 
they  shall  immediately  after  the  election  certify,  under 
their  hands  and  seals,  the  names  of  the  persons  elected 
to  serve  as  trustees,  in  which  certificate  the  name  by 
which  the  said  trustees  and  their  successors  in  office 
shall  forever  thereafter  be  called  and  known,  shall  be 
particularly  mentioned  and  specified. 

Sec.  5.  Such  certificate  shall  be  acknowledged  by 
the  persons  making  the  same,  or  proved  by  a  sub- 
scribing witness  thereto,  before  some  officer  author- 
ized to  take  the  acknowledgment  of  deeds,  and  re- 
corded together  with  the  certificate  of  such  acknowl- 
edgment or  proof,  by  the  register  of  deeds  of  the 
county  within  which  the  church  or  place  of  worship 
of  such  congregation  shall  be  situated,  in  a  book  to 
be  provided  by  him  for  that  purpose,  who  shall  be 
entitled  to  receive  seventy-five  cents  for  such  record- 


262     Laivs  Relating  to  Religious  Corporations. 

ing-,  and  thereafter  such  trustees  and  their  successors 
shall  be  a  body  corporate,  by  the  name  expressed  in 
such  certificate. 

Sec.  6.  The  several  clerks  of  the  boards  of  super- 
visors in  this  State  not  yet  supplied  with  suitable 
books  for  recording  the  certificates -aforesaid,  shall 
immediately  procure  such  books  at  the  expense  of 
the  respective  counties. 

Sec.  7.  Such  trustees  may  have  a  common  seal, 
and  may  alter  the  same  at  pleasure;  and  they  may 
take  into  their  possession  and  custody  all  the  tem- 
poralities of  such  church,  congregation,  or  society, 
whether  the  same  shall  consist  of  real  or  personal 
estate,  and  whether  the  same  may  have  been  given, 
granted,  or  devised  directly  or  indirectly  to  such 
church,  congregation,  or  religious  society,  or  to  any 
other  person  or  persons  for  their  use. 

Sec.  8.  Such  trustees  may  also,  in  their  corporate 
name,  sue  and  be  sued  in  all  courts  and  places,  and 
they  may  recover  and  hold  all  debts,  demands,  rights, 
and  privileges,  all  churches,  buildings,  burial-places, 
and  all  the  estate  and  appurtenances  belonging  to 
such  church,  congregation,  or  society,  in  whatsoever 
manner  the  same  may  have  been  acquired,  or  in 
whose  hands  soever  the  same  may  be  held,  as  fully 
and  amply  as  if  the  right  and  title  thereto  had  been 
originally  vested  in  the  said  trustees  ;  and  they  may 
hold  other  real  or  personal  estate,  and  demise,  lease, 
and  improve  the  same,  but  the  whole  of  such  estate, 
real  and  personal,  shall  not  exceed  the  yearly  value 
or  income  of  three  thousand  dollars. 

Sec.  9.  The  said  trustees  shall  have  authority  to 


Wiscojtsin.  263 

alter  and  repair  their  churches  and  meeting-houses, 
and,  under  the  direction  of  the  society  or  congrega- 
tion, to  erect  churches  and  meeting-houses,  and 
dwelling-houses  for  their  ministers,  and  other  build- 
ings for  the  use  of  their  church,  congregation,  or 
society. 

Sec.  10.  They  shall  also  have  authority  to  make 
rules  and  orders  for  managing  the  temporal  affairs  of 
such  church,  congregation,  or  society,  and  to  dispose 
of  all  moneys  belonging  thereto,  and  to  order  and 
regulate  the  renting  of  pews  or  slips  in  their  churches 
and  meeting-houses,  and  the  perquisites  for  the  break- 
ing of  the  ground  in  the  cemetery  or  church-yard, 
and  in  the  said  churches  and  meeting-houses,  for 
burying  the  dead. 

Sec.  II.  They  may  appoint  a  clerk  and  treasurer 
of  their  board,  and  a  collector  to  collect  and  receive 
their  rents  and  revenues,  and  may  regulate  the  fees 
to  be  allowed  to  such  clerk,  treasurer,  and  collector, 
and  may  remove  them  and  appoint  others  in  their 
stead  at  pleasure  ;  and  such  clerk  shall  enter  all  rules 
and  orders  made  by  such  trustees,  and  payments  or- 
dered by  them,  in  a  book  to  be  procured  by  them  for 
that  purpose. 

Sec.  12.  Any  two  of  the  trustees  may  at  any  time 
call  a  meeting  of  the  trustees,  and  a  majority  of  them, 
being  lawfully  convened,  shall  be  competent  to  do 
and  perform  all  matters  and  things  which  such  trust- 
ees are  authorized  to  do  and  perform. 

Sec.  13.  The  said  trustees  shall  hold  their  offices 
for  three  years,  and  until  their  successors  are  elected  ; 
and  immediately  after  their  first  election,  as  hereto- 


264     Lazvs  Relating  to  Religious  Corporations. 

fore  provided,  the  said  trustees  shall  be  divided  by 
lot  into  three  classes,  numbered  one,  two,  and  three, 
and  the  seats  of  the  first  class  shall  be  vacated  at  the 
end  of  the  first  year,  of  the  second  class  at  the  end  of 
the  second  year,  and  the  seats  of  the  third  class  at 
the  end  of  the  third  year,  to  the  end  that,  as  near  as 
may  be,  one  third  part  of  the  whole  number  may  be 
annually  chosen. 

Sec.  14.  It  shall  be  the  duty  of  the  clerk  of  the 
said  trustees,  at  least  one  month  before  the  expiration 
of  the  office  of  any  of  the  said  trustees,  to  notify  the 
same  in  writing  to  the  minister,  or  in  case  of  his  death 
or  absence,  to  the  elders  or  church-wardens,  and  if 
there  be  no  elders  or  church-wardens,  then  the  dea- 
cons or  vestry-men  of  any  such  church,  congregation, 
or  society,  specifying  in  such  notice  the  names  of  the 
trustees  whose  office  will  expire  ;  and  the  minister, 
or  other  officers  receiving  such  notice,  shall,  in  man- 
ner aforesaid,  notify  the  members  of  such  church,  con- 
gregation, or  society  of  such  vacancies,  and  appoint 
the  time  and  place  for  the  election  to  supply  the 
same  ;  provided,  if  the  clerk  shall  fail  for  any  cause 
to  give  notice  as  hereinbefore  required,  or  the  elec- 
tion shall  not  be  held  at  the  time  as  hereinbefore  re- 
quired, the  church,  congregation,  or  society  shall  not 
for  that  reason  be  dissolved,  or  in  the  least  affected 
thereby  ;  but  the  notice  and  election  may  be  held  on 
some  other  day. 

Sec.  15.  All  subsequent  elections  shall  be  held 
and  conducted  by  the  same  persons,  and  in  the  same 
manner,  as  hereinbefore  provided  for  the  first  elec- 
tion ;  and  in  case  any  vacancy  shall  happen  by  the 


Wisconsin.  265 

death  of  a  trustee,  his  neglect  or  refusal  to  act  with 
the  board  of  trustees  for  the  space  of  two  months  or 
more,  or  removal  from  said  society  before  his  term 
of  office  expires,  or  otherwise,  notice  thereof  shall  be 
given  as  aforesaid,  and  an  election  shall  be  held,  and 
another  trustee  chosen  in  his  stead  for  the  remainder 
of  the  term. 

Sec.  16.  No  person  belonging  to  any  such  church, 
congregation,  or  society,  incorporated  under  the  pro- 
visions of  this  chapter,  shall  be  entitled  to  vote  at  any 
election  after  the  first  until  he  shall  have  been  an  at- 
tendant on  public  worship  in  such  church,  congrega- 
tion, or  society  at  least  six  months  before  such  elec- 
tion, and  shall  have  contributed  to  the  support  of 
such  church,  congregation,  or  society  according  to 
the  usages  and  customs  thereof. 

Sec.  17.  The  clerk  of  the  trustees  shall  keep  a  reg- 
ister of  the  names  of  all  such  persons  as  shall  desire  to 
become  stated  hearers  in  the  said  church,  congrega- 
tion, or  society,  and  shall  therein  vote  the  time  when 
such  request  was  made  ;  and  the  said  clerk  shall 
attend  all  subsequent  elections,  in  order  to  test  the 
qualifications  of  such  voters  in  case  they  shall  be 
questioned. 

Sec.  18.  Nothing  in  this  chapter  contained  shall 
be  construed  to  give  to  such  trustees  the  power  to 
fix  or  ascertain  the  salary  or  compensation  paid  to 
any  minister ;  but  the  same  shall  be  ascertained  and 
fixed  by  a  majority  of  such  society  entitled  to  vote 
at  the  election  of  trustees. 

Sec.  19.  It  shall  be  lawful  for  the  Circuit  Court  for 
the  county  in  which   any  such  religious  corporation 


266     Laws  Relating  to  Religious  Corporations. 

shall  have  been  constituted,  or  in  vacation,  for  the 
judge  of  the  judicial  circuit  in  which  said  county  is 
situated,  on  the  application  of  such  corporation,  if 
said  court  or  said  judge  in  vacation  shall  deem  it 
proper,  to  make  an  order  for  the  sale  or  mortgage  of 
any  real  estate  belonging  to  such  corporation,  and  to 
direct  the  application  of  the  moneys  arising  therefrom 
to  such  uses  as  the  said  corporation,  with  the  appro- 
bation of  said  court,  or  in  vacation  of  said  judge, 
shall  conceive  to  be  for  the  interest  of  such  corpo- 
ration. And  when  such  order  shall  be  granted  by 
said  judge  in  vacation,  it  shall  be  filed  with  the  clerk 
of  said  court,  and  entered  of  record  in  the  same  man- 
ner as  if  it  had  been  granted  by  the  court. 

Sec.  20.  At  least  ten  days'  previous  notice  of  any 
such  application  to  the  Circuit  Court,  or  in  vacation 
to  the  judge  of  said  judicial  court,  shall  be  given,  by 
publishing  the  same  in  some  newspaper  published  in 
the  county,  if  one  be  published  therein,  and  if  not, 
by  posting  up  notices  in  three  or  more  public  places 
in  such  county. 

Sec.  21.  The  provisions  of  sections  nineteen  and 
twenty  of  this  chapter  shall  be  applicable  to  all  re- 
ligious societies  and  corporations  in  this  State, 
whether  constituted  under  the  provisions  of  this 
chapter  or  otherwise. 

Sec.  22.  Every  church,  congregation,  or  religious 
society,  heretofore  incorporated  in  pursuance  of  law 
and  not  since  dissolved,  shall  be  and  is  hereby  es- 
tablished and  confirmed  ;  and  in  case  of  the  dissolu- 
tion of  any  such  corporation,  or  of  any  corporation 
hereafter  to  be  formed  in  pursuance  of  the  provision  i 


Wisconsin.  267 

of  this  chapter,  for  any  cause  whatever,  the  same 
may  be  incorporated  under  the  provisions  of  this 
chapter  at  any  time  within  six  years  after  such  disso- 
kition  ;  and  thereupon  all  the  estate,  real  and  personal, 
formerly  belonging  to  the  same,  and  not  lawfully  dis- 
posed of,  shall  vest  in  such  corporation,  as  if  there 
had  been  no  such  dissolution. 

Sec.  23.  All  lands,  tenements,  and  hereditaments 
that  have  been  or  may  hereafter  be  lawfully  conveyed 
by  demise,  gift,  grant,  purchase,  or  otherwise  to  any 
persons  as  trustees,  in  trust,  for  the  use  of  any  religious 
society  organized,  or  which  may  hereafter  be  organized, 
within  this  State,  either  for  a  meeting-house,  burying- 
ground,  or  for  the  residence  of  a  preacher,  shall  de- 
scend, with  the  improvements,  in  perpetual  succession 
to  and  shall  be  held  by  such  trustees  in  trust  for  such 
society. 

Sec.  24.  Whenever,  by  the  constitution,  rules,  or 
usages  of  any  particular  church  or  religious  denomi- 
nation, trustees  are  required  to  be  appointed  by  any 
minister,  presiding  elder,  or  other  officer  or  officers 
of  such  church  or  denomination,  it  shall  be  the  duty 
of  such  minister,  presiding  elder,  or  other  officer  or 
officers,  to  give  to  such  trustees  a  certificate  of  their 
appointment  under  the  hand  and  seal  of  the  person 
making  the  same,  specifying  the  name  by  which  such 
trustees  and  their  successors  shall  forever  thereafter 
be  called  and  known,  which  certificate  shall  be  ac- 
knowledged or  proved  and  recorded,  as  hereinbefore 
directed  ;  whereupon  such  trustees,  and  their  succes- 
sors appointed  in  the  same  manner,  shall  be  a  body 
corporate  by  the  name  expressed  in  such  certificate. 


268     Laws  Relating  to  Religious  Corporations. 

with  all  the  rights,  powers,  and  privileges  of  other 
religious  corporations  constituted  according  to  the 
provisions  of  this  chapter. 

Sec.  25.  Whenever,  by  the  constitution,  rules,  and 
usages  of  a  particular  church  or  religious  denomina- 
tion, the  minister  or  ministers,  elders  and  deacons, 
or  other  officers  elected  by  any  church  or  congrega- 
tion, according  to  such  constitution,  rules,  or  usages, 
are  thereby  constituted  the  trustees  of  such  church 
or  congregation,  it  shall  be  lawful  for  such  minister 
or  ministers,  elders  and  deacons,  or  other  officers,  to 
assemble  together  and  execute,  under  their  hands 
and  seals,  a  certificate,  stating  the  name  by  which 
they  and  their  successors  in  office  shall  forever  there- 
after be  called  and  known,  which  certificate  shall  be 
acknowledged  or  proved,  and  recorded,  as  herein  be- 
fore directed ;  whereupon  such  persons  and  their 
successors  in  office  shall  be  a  body  corporate,  by  the 
name  expressed  in  such  certificate,  with  all  the 
rights,  powers,  and  privileges  of  other  religious  cor- 
porations, constituted  according  to  the  provisions  of 
this  chapter. 

Sec.  26.  Every  church,  parsonage,  and  school- 
house  belonging  to  any  religious  society,  with  the 
land  belonging  thereto,  not  to  exceed  in  all  three 
acres  in  any  one  town,  village,  or  township,  or  if  in  a 
city,  not  to  exceed  one  lot  for  each  of  the  said  build- 
ings, shall  not  be  subject  to  taxation  for  any  purpose 
except  for  its  own  improvement. 

Sec.  27.  The  rector,  wardens,  and  vestry-men,  be- 
ing the  trustees  of  each  Protestant  Episcopal  Church 
incorporated   within   this    State,   may  be  chosen   at 


Wisconsin.  269 

such  times,  and  in  such  manner,  as  may  be  in  con- 
formity to  the  rules  and  usages  of  such  church,  and 
elections  or  appointments  of  such  officers  heretofore 
made  in  conformity  to  such  rules  and  usages  are  de- 
clared to  be  valid. 

Sec.  28.  Each  Protestant  Episcopal  Church  here- 
tofore or  hereafter  incorporated  wirhin  this  State 
may  take,  by  purchase,  devise,  gift,  or  otherwise,  and 
may  forever  hold,  any  lands  intended  to  be  used  for 
cemetery  grounds  or  burial  purposes ;  and  all  grants, 
gifts,  conveyances,  or  devises  of  lands  heretofore  made 
to  any  incorporated  Protestant  Episcopal  Church 
shall  be  valid  and  effectual,  according  to  the  intent 
of  the  parties. 

Sec.  29.  Sections  14,  15,  and  16,  of  chapter  sixty- 
seven  of  the  Revised  Statutes,  shall  apply  to  lands 
so  heretofore  or  hereafter  acquired  or  held  for  burial 
purposes. 

Sec.  30.  All  bonds  and  files  relating  to  any  incor- 
poration, now  in  the  office  of  the  clerks  of  the  several 
boards  of  supervisors  of  this  State,  shall,  by  said 
clerks,  be  immediately  transmitted  to  the  office  of 
the  register  of  deeds  of  the  proper  county,  to  be  by 
said  register  preserved  in  a  convenient  form  for  the 
inspection  of  any  and  all  persons  interested. 

Sec.  31.  Any  five  or  more  male  persons  of  lawful 
age,  not  members  of  any  religious  congregation,  de- 
sirous of  forming  a  society  for  the  promotion  of  the 
Christian  religion  in  connection  with  a  church  to  be 
associated  therewith,  according  to  their  own  peculiar 
tenets,  may  become  incorporated,  and  possess,  have, 

hold,  and  enjoy  all  the  rights,  privileges,  and  fran- 
19 


270     Lazvs  Relating  to  Religious  Corporations. 

chises  incident  to  such  corporations  as  hereinafter 
provided. 

Sec.  32.  Such  persons  shall  execute,  under  their 
hands  and  seals,  a  certificate  substantially  in  the  fol- 
lowing form : — 

''  Know  all  men  by  these  presents,  that  we  (insert 
the  names)  whose  names  are  hereunto  subscribed, 
have  agreed,  and  by  these  presents  do  agree,  to  be- 
come incorporated  into  a  religious  society,  in  pursu- 
ance of  the  laws  of  this  State,  by  the  name  and  style 
of  the  (here  insert  the  corporate  name)  of  the  (here 
insert  the  name  of  the  city,  village,  or  town,)  and  we 
do  hereby  agree,  that  all  persons  who  may  hereafter 
become  associated  with  us  in  this  organization  shall 
be  entitled  to  equal  privileges  and  rights  in  the  grants 
and  franchises  hereby  secured  under  and  by  virtue 
of  the  statutes  in  such  cases  made  and  provided.  In 
witness  whereof  we  have  hereunto  set  our  hands  and 
seals  this day  of A.  D. ."     A—,  B— . 

Sec.  33.  The  certificate  thus  executed  shall  be  ac- 
knowledged before  some  person  authorized  to  take 
acknowledgments  of  deeds,  and  shall  be  recorded  in 
the  office  of  the  Secretary  of  State,  and  copies  there- 
of, duly  certified  by  him,  shall  be  received  as  evidence 
of  the  fact  of  incorporation,  and  for  all  other  proper 
and  lawful  purposes,  in  all  courts  of  law  and  equity. 
The  Secretary  of  State  shall  be  entitled  to  receive 
fifty  cents  for  recording  each  certificate,  and  the  like 
sum  for  each  certified  copy  thereof. 

Sec.  34.  That  upon  the  recording  of  such  certifi- 
cate in  the  office  of  the  Secretary  of  State,  the  per- 
sons named  therein  shall  be  deemed  and  regarded  in 


Wisco7tsin.  271 

law  as  corporators,  and  they  and  their  associates  are 
hereby  declared  to  be  a  body  corporate  and  poHtic, 
with  perpetual  succession,  by  the  name  and  style 
designated  in  such  certificate,  and  by  such  name  and 
style  shall  be  competent  to  contract,  and  be  con- 
tracted with,  to  sue  and  be  sued,  to  answer  and  be 
answered  unto,  in  all  courts  of  law  and  equity ;  and 
shall  also  be  competent  in  law  to  purchase,  have, 
hold,  and  enjoy  property,  both  real  and  personal, 
and  to  sell,  dispose  of,  and  convey  the  same ;  pro- 
vided, however,  that  it  shall  not  be  lawful  for  such 
corporation  to  deal  in  property  of  any  kind,  except  so 
far  as  shall  be  necessary  for  the  legitimate  objects  of 
the  corporation,  as  declared  in  this  act ;  and  provided 
further,  that  the  real  estate  to  be  held  shall  not  ex- 
ceed five  lots  in  any  city  or  village,  or  forty  acres 
not  plotted  into  lots. 

Sec.  35.  That  every  such  corporation  thus  created 
may  have  a  common  seal,  and  alter  and  renew  the 
same  at  pleasure,  and  may  also  adopt  a  constitution 
and  by-laws  for  their  government  not  inconsistent 
with  the  laws  of  this  State  or  of  the  United  States, 
and  may  alter  or  amend  the  same  at  pleasure,  and 
may  also  designate  the  number  and  title  of  their  offi- 
cers, and  may  also  define  their  powers  and  duties. 

Sec.  36.  A  majority  of  the  corporators  named  in 
such  certificate  may  meet  at  such  time  and  place  as 
to  them  shall  seem  fit  and  proper  for  the  purpose  of 
perfecting  their  organization  under  the  incorporation 
thus  secured ;  and  the  said  corporators  shall  consti- 
tute the  first  board  of  trustees  of  the  society,  and 
shall  hold  their  offices  until  others  are  chosen. 


2/2      Laivs  Relating  to  Religious  Corporations. 

Sec.  37.  This  act,  and  the  act  to  which  this  is 
amendatory,  shall  not  be  deemed  to  repeal  any  part 
of  chapter  sixty-six  of  the  Revised  Statutes,  but  said 
chapter  sixty-six  is  hereby  declared  in  full  force,  in 
so  far  as  relates  to  the  incorporation  of  religious 
societies,  when  the  persons  becoming  incorporators 
are  at  the  time  of  such  incorporation  members  of  a 
religious  society  or  congregation  having  regular  meet- 
ings for  divine  worship. 

Chapter  183. 
OFFENSES. 

Sec.  7.  Every  person  who  shall  at  any  time  will- 
fully interrupt  or  molest  any  assembly  of  people  met 
for  the  worship  of  God,  or  any  member  thereof,  or 
any  persons  when  meeting  or  met  together  for  the 
performance  of  any  duties  enjoined  on  or  appertain- 
ing to  them  as  members  of  any  religious  society,  or 
wedding  party,  or  other  company  or  assembly  of 
peaceable  citizens,  or  for  the  recitation  or  perform- 
ance of  or  instruction  in  vocal  music,  within  the 
place  of  such  meeting  or  out  of  it,  shall  be  punished 
by  fine  not  exceeding  twenty  dollars  nor  less  than 
five  dollars. 

Sec.  10.  That  any  person  who  shall  sell  any  intox- 
icating drinks,  or  any  other  articles  of  traffic,  within 
two  miles  of  any  camp-meeting,  or  other  religious  as- 
sembly, without  the  written  permit  of  the  per«^on  or 
persons  having  the  oversight  and  management  of  such 
camp-meeting  or  rehgious  assembly,  or  who  shall 
otherwise  willfully  interrupt  or  disturb  such  meeting 
or  assembly,  shall  be  punished  by  a  fine  of  not  more 


Wisconsin.  273 

than  fifty  dollars  nor  less  than  five  dollars  ;  provided, 
that  nothing  herein  contained  shall  be  construed  to 
prohibit  any  such  sale  at  any  regularly  established 
store,  tavern,  or  other  place  of  business  which  may 
have  been  licensed  or  established  previously  to  such 
meeting,  and  not  with  the  intent  to  evade  the  pro- 
visions of  this  act. 

Sec.  II.  Any  person  who  shall  violate  the  pro- 
visions of  this  act,  and  who  shall  be  notified  by  any 
person  having  charge  of  such  meeting  or  assembly,  or 
by  any  other  person,  that  he,  she,  or  they  are  violat- 
ing the  law,  and  who  shall,  after  such  notice,  continue 
in  such  violation,  he,  she,  or  they  shall  forfeit  and 
pay  for  every  such  offense  a  fine  not  less  than  five 
dollars,  nor  more  than  fifty  dollars,  to  be  collected  as 
hereinafter  provided,  and  paid  over  to  the  county 
treasurer,  where  the  same,  as  other  fines,  are  required 
to  be  paid  for  the  use  of  schools. 


THE   END. 


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